STATE OF NEW YORK
        ________________________________________________________________________

                                          66--A

                               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  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        AN ACT to amend the education law, in relation  to  collaborative  pres-
          criptive authority for psychologists

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

     1    Section 1. The education law is amended by adding a new section 7601-b
     2  to read as follows:
     3    § 7601-b. Collaborative prescriptive authority for psychologists.   1.
     4  As  used  in  this section, the following terms shall have the following
     5  meanings:
     6    a. "Prescribing psychologist" means any psychologist licensed pursuant
     7  to this article who has undergone specialized education and training  in
     8  preparation  for prescriptive practice and who has passed an examination
     9  accepted by the  department  relevant  to  establishing  competence  for
    10  prescribing,  and  who has received from the department a certificate of
    11  prescriptive authority, which has not been revoked or suspended.
    12    b. "Prescriptive authority" means the authority to prescribe, adminis-
    13  ter, discontinue and/or distribute without charge, drugs  or  controlled
    14  substances recognized in or customarily used in the diagnosis, treatment
    15  and management of individuals with psychiatric, mental, cognitive, nerv-
    16  ous,  emotional  or  behavioral  disorders, or other procedures directly
    17  related thereto within the scope of practice of psychology in accordance
    18  with rules and  regulations  adopted  by  the  department.  Prescriptive
    19  authority  includes  ordering  and obtaining necessary laboratory tests,
    20  procedures, and diagnostic examinations.
    21    c. "Controlled  substance"  means  any  drug  substance  or  immediate
    22  precursor enumerated in schedules 1-5 of the United States Drug Enforce-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01461-03-3

        S. 66--A                            2

     1  ment  Administration  Controlled  Substance  Act  and as provided for in
     2  article thirty-three of the public health law.
     3    d.  "Conditional  prescribing certification" means a two-year clinical
     4  prescribing fellowship period to obtain clinical  experience  sufficient
     5  to attain competency in the psychopharmacological treatment of a diverse
     6  patient population utilizing a collaborative relationship with a collab-
     7  orating  clinician  and shall include no less than four hundred hours of
     8  clinical training seeing at least one hundred individual patients during
     9  such time period.
    10    e. "Prescription" is an order for a  drug,  laboratory  test,  or  any
    11  medicine,  device  or  treatment,  including controlled substances, such
    12  terms as defined in article one hundred thirty-seven of this title.
    13    f. "Psychotropic medication" means drugs or controlled substances that
    14  are recognized as customarily used  in  the  diagnosis,  treatment,  and
    15  management  of individuals with psychiatric, mental, cognitive, nervous,
    16  substance use disorders, emotional or behavioral disorders.  Under  this
    17  section, psychotropic medication does not include narcotics.
    18    g.  "Collaborating  clinician" means a licensed physician, osteopathic
    19  physician, nurse practitioner, psychiatric nurse practitioner  or  clin-
    20  ical  nurse  specialist  engaged  in  a  collaborative  agreement with a
    21  psychologist in the prescribing of psychotropic medication.
    22    2. a. A psychologist licensed under this  article  may  apply  to  the
    23  department for conditional prescribing certification if the psychologist
    24  meets the following requirements:
    25    (1)  A current license to practice psychology at the doctoral level in
    26  this state;
    27    (2) A master's degree in  clinical  psychopharmacology  awarded  by  a
    28  program  in  a  regionally  accredited  institution  of higher education
    29  approved by  the  United  States  Department  of  Education  as  further
    30  described in paragraph b of this subdivision;
    31    (3)  Successful  completion of clinical practicum training in physical
    32  assessment and pathophysiology of no less than eighty hours by a  health
    33  care provider licensed to conduct independent physical assessments;
    34    (4) A passing score on an examination developed by a nationally recog-
    35  nized body, and approved by the department;
    36    (5)  Possesses  malpractice  insurance  that  will cover the applicant
    37  during the period the conditional prescribing certificate is in  effect;
    38  and
    39    (6)  Meets  all  other requirements, as determined by rules adopted by
    40  the department.
    41    b. The necessary prerequisites for  the  education  program  shall  be
    42  determined  by  the  institution  that offers such masters level degrees
    43  and, in the institution's judgment, shall include sufficient  biomedical
    44  education  to  ensure  the  necessary  knowledge and skills to prescribe
    45  psychotropic medications in a safe and  effective  manner.  The  program
    46  shall satisfy the designation requirements of the American Psychological
    47  Association  for  clinical  psychopharmacology  education  and  training
    48  programs. The program must be established and administered  by  biomedi-
    49  cally trained educators and must demonstrate that all content is covered
    50  and  that  students  achieve clinical competency in all areas, and shall
    51  include at a minimum:
    52    (1) Science prerequisites, including human anatomy and human  physiol-
    53  ogy, and a course in biology;
    54    (2) Basic science, including human anatomy, human physiology, biochem-
    55  istry, and genetics;

        S. 66--A                            3

     1    (3)  Functional neuroscience, including neuroanatomy, neurophysiology,
     2  and neurochemistry;
     3    (4)  Physical  examinations, including the measurement and interpreta-
     4  tion of vital signs and neurological, cardiovascular, respiratory, abdo-
     5  minal, eye, ear, nose, throat, gastrointestinal, genitourinary,  integu-
     6  mentary, allergic and immunologic, and musculoskeletal examinations;
     7    (5)  Interpretation  of  laboratory  tests, including therapeutic drug
     8  monitoring, blood and urine tests, radiology,  electrocardiogram,  brain
     9  electrophysiology, neuroimaging techniques, and applied genetics;
    10    (6) Pathological basis of disease, including pathophysiology of common
    11  clinical  cardiovascular, respiratory, gastrointestinal, hepatic, neuro-
    12  logical, and endocrine conditions;
    13    (7) Clinical medicine, including clinical manifestations, differential
    14  diagnosis,  and  laboratory  or  radiological  evaluation  of   commonly
    15  encountered  medical conditions, including patients with complex medical
    16  needs and comorbidities, and medical emergencies and their management;
    17    (8) Clinical neurotherapeutics, including electrophysiology,  electro-
    18  convulsive therapy and noninvasive interventions, including transcranial
    19  magnetic stimulation, neurofeedback, and biofeedback;
    20    (9) Systems of care, including coordination of care with other medical
    21  specialties, consultations and referrals, and coordination and consulta-
    22  tion in long-term care;
    23    (10)   Pharmacology,  including  pharmacokinetics  and  drug  delivery
    24  systems, pharmacodynamics, neuropharmacology, toxicology, and mechanisms
    25  of medication interactions;
    26    (11) Clinical pharmacology, including major drug  classes  and  nutri-
    27  tional supplements;
    28    (12)  Psychopharmacology,  including  sedatives and hypnotics, antide-
    29  pressants, antipsychotics, mood  stabilizers,  anxiolytics,  stimulants,
    30  medications  for  drug dependence, medications for drug adverse effects,
    31  pediatric psychopharmacology,  geriatric  psychopharmacology,  including
    32  medications  for cognitive impairment and polypharmacy, issues of diver-
    33  sity and cultural competence in pharmacological practice, clinical deci-
    34  sion  making  and  standard  practice  guidelines,  and  guidelines  for
    35  prescribing controlled substances;
    36    (13)  Psychopharmacology  research,  including phases of drug develop-
    37  ment,  clinical  trials  in  psychiatry,  and  critical  evaluation   of
    38  evidence; and
    39    (14)  Professional,  ethical, and legal issues, including conflicts of
    40  interest and relationships with the industry, scope of practice  issues,
    41  diversity  and  equity  issues related to treatment access and adherence
    42  and   documentation,   including   nomenclature,   abbreviations,    and
    43  prescription writing.
    44    c.  The  department  may  waive certain requirements of paragraph b of
    45  this subdivision for applicants who have obtained relevant training  and
    46  experience  including  psychologists  who  are dually licensed as physi-
    47  cians, nurse practitioners, or other health professionals with  compara-
    48  ble prescriptive authority in this state.
    49    d. A conditional prescribing certification shall be valid for a period
    50  of  two  years,  at the end of which the holder may re-apply pursuant to
    51  the requirements of paragraph a of this subdivision. A psychologist with
    52  a conditional  prescription  certification  may  prescribe  psychotropic
    53  medications but only when maintaining an ongoing collaborative relation-
    54  ship  with  a  qualified  clinician  who  oversees the patient's general
    55  medical  care  to  ensure  that  necessary  medical   examinations   are
    56  conducted,  the psychotropic medication is appropriate for the patient's

        S. 66--A                            4

     1  medical condition and significant changes in the  patient's  medical  or
     2  psychological  condition  are  discussed,  and  subject to the following
     3  conditions:
     4    (1) the psychologist shall continue to hold a current license to prac-
     5  tice  psychology in New York and continue to maintain malpractice insur-
     6  ance;
     7    (2) the psychologist shall notify the department of the  name  of  the
     8  psychologist's collaborating clinician; and
     9    (3)  the  collaborating  clinician  shall  notify  the clinician's own
    10  licensing board of the name of each psychologist utilizing a  collabora-
    11  tive agreement with the collaborating clinician.
    12    e. The ongoing collaborative relationship shall be maintained pursuant
    13  to  guidelines  developed  by  the  department  and  the state board for
    14  psychology, which shall optimize patient care.
    15    f. The guidelines shall ensure that the  prescribing  psychologist  or
    16  the  psychologist  with  a conditional prescribing certification and the
    17  collaborating clinician coordinate, and collaborate on, the care of  the
    18  patient to provide optimal care. Nothing in this paragraph shall require
    19  a  prescribing psychologist or psychologist with a conditional prescrib-
    20  ing certification to give prior notice to or obtain prior approval  from
    21  a  collaborating  clinician  to  prescribe  psychotropic medication to a
    22  patient  with  whom  the  prescribing  psychologist  has  established  a
    23  psychologist-patient   relationship;   provided  that  the  psychologist
    24  provides written notice of the prescription to the collaborating  clini-
    25  cian within twenty-four hours of its issuance to such patient.
    26    g.  A  collaborating  clinician  shall not be liable for the acts of a
    27  psychologist with whom there is a collaborative relationship unless  the
    28  injury or loss arises from those acts under the direction and control of
    29  the collaborating clinician.
    30    3.  a.  A  psychologist  licensed  under  this article may apply for a
    31  certificate of prescriptive authority, and the  department  shall  issue
    32  such  prescriptive  authority  certification, if the applicant meets the
    33  following requirements:
    34    (1) Possesses a conditional prescribing certification and has success-
    35  fully completed two years of prescribing psychotropic  medication  under
    36  such  certification.  An  applicant  for  a prescription certificate who
    37  specializes in the psychological care of children, elderly  persons,  or
    38  persons  with  comorbid psychological conditions shall complete at least
    39  one year prescribing psychotropic medications to such populations  under
    40  such conditional prescribing certification;
    41    (2) Holds a current license to practice psychology in this state;
    42    (3) Possesses malpractice insurance that will cover the applicant as a
    43  prescribing psychologist; and
    44    (4)  Meets  all  other requirements, as determined by rules adopted by
    45  the board, for obtaining a certificate of prescriptive authority.
    46    b. A prescribing psychologist may  prescribe  psychotropic  medication
    47  pursuant to the provisions of this title subject to the following condi-
    48  tions:
    49    (1) Continues to hold a current license to practice psychology in this
    50  state,  maintains  a  prescriptive authority certification issued by the
    51  department, and maintains malpractice insurance;
    52    (2) Annually  satisfies  the  continuing  education  requirements  for
    53  prescribing  psychologists, as determined by the department, which shall
    54  be no fewer than twenty-five hours each year; and
    55    (3) Complies with any other rules adopted by the department.

        S. 66--A                            5

     1    c. The department may grant prescriptive authority certification to an
     2  applicant who  has  a  current  and  unrestricted  license  to  practice
     3  psychology  and a current and unrestricted certification of prescriptive
     4  authority from another state, or training from the United States Depart-
     5  ment of Defense demonstration project or other similar program developed
     6  and operated by any branch of the armed forces that imposes substantial-
     7  ly  equivalent  educational and training requirements as those contained
     8  in this chapter and required by the department.
     9    4. a. The department shall prescribe by rule a method for the  renewal
    10  of  prescriptive  authority  at  the  time of or in conjunction with the
    11  renewal of licenses issued pursuant to this article.
    12    b. Each applicant for renewal of prescriptive authority shall  present
    13  satisfactory  evidence to the department demonstrating the completion of
    14  twenty-five hours of continuing education instruction relevant to  pres-
    15  criptive authority during the licensure renewal period.
    16    5.  a.  Prescribing  psychologists  shall  be authorized to prescribe,
    17  administer,  discontinue  or  distribute  without   charge,   drugs   or
    18  controlled  substances  recognized in or customarily used in the diagno-
    19  sis, treatment and management of individuals with  psychiatric,  mental,
    20  cognitive,  nervous,  emotional  or behavioral disorders and relevant to
    21  the practice of psychology, or other procedures directly related thereto
    22  within the scope of practice of psychology in accordance with rules  and
    23  regulations adopted by the department.
    24    b.  No  prescribing psychologist shall issue a prescription unless the
    25  psychologist holds a valid certificate of prescriptive authority.
    26    c. Each prescription issued by a prescribing psychologist shall:
    27    (1) Comply with all applicable state and federal laws and  regulations
    28  relating to such prescription; and
    29    (2)  Be  identified as written by the prescribing psychologist in such
    30  manner as determined by the department in accordance with title four  of
    31  article thirty-three of the public health law.
    32    d.  A record of all prescriptions shall be maintained in the patient's
    33  record.
    34    e. A psychologist shall not delegate the authority to prescribe  drugs
    35  to any other person.
    36    6.  a.  Prescribing  psychologists shall file in a timely manner their
    37  Drug Enforcement Agency registration and number with the department.
    38    b. The department shall maintain current records of every psychologist
    39  authorized to prescribe, including his or her  Drug  Enforcement  Agency
    40  registration and number.
    41    7.  The department shall promulgate rules and regulations for denying,
    42  modifying, suspending or revoking the prescriptive authority or  license
    43  of  a  psychologist  authorized  to prescribe. The department shall also
    44  have the power to require remediation of any deficiencies in the  train-
    45  ing  or  practice  pattern  of  the  medical psychologist or prescribing
    46  psychologist when, in the judgment of the department, such  deficiencies
    47  could reasonably be expected to jeopardize the health, safety or welfare
    48  of the public.
    49    § 2. Section 7602 of the education law, as added by chapter 987 of the
    50  laws of 1971, is amended to read as follows:
    51    § 7602. State  board  for  psychology.    A state board for psychology
    52  shall be appointed by the board of  regents  on  recommendation  of  the
    53  commissioner  for  the purpose of assisting the board of regents and the
    54  department on matters of professional licensing and professional conduct
    55  in accordance with section sixty-five hundred eight of this title.   The
    56  board  shall  be composed of not less than eleven psychologists licensed

        S. 66--A                            6

     1  in this state, at least two of whom shall be prescribing  psychologists.
     2  An  executive  secretary to the board shall be appointed by the board of
     3  regents upon the recommendation of  the  commissioner  and  shall  be  a
     4  psychologist, licensed in this state.
     5    §  3.  Subdivision 1 of section 7606 of the education law, as added by
     6  chapter 676 of the laws of 2002, is amended to read as follows:
     7    1. prescribing or administering drugs as defined in this chapter as  a
     8  treatment,  therapy,  or  professional service in the practice of his or
     9  her profession, except as provided  under  section  seventy-six  hundred
    10  one-b of this article; or
    11    §  4. This act shall take effect on the first of January next succeed-
    12  ing the date on which it shall have become a law.  Effective  immediate-
    13  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    14  necessary for the implementation of this act on its effective  date  are
    15  authorized  and  directed  to  be  made  and completed on or before such
    16  effective date.