Bill Text: OR SB1046 | 2010 | 1st Special Session | Enrolled


Bill Title: Relating to prescriptive authority for licensed psychologists; and declaring an emergency.

Spectrum: Unknown

Status: (Vetoed) 2010-04-08 - Governor vetoed. [SB1046 Detail]

Download: Oregon-2010-SB1046-Enrolled.html


     75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session

                            Enrolled

                        Senate Bill 1046

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Health Care)

                     CHAPTER ................

                             AN ACT

Relating to prescriptive authority for licensed psychologists;
  creating new provisions; amending ORS 675.085 and 677.265; and
  declaring an emergency.
  Whereas the Legislative Assembly finds that it is in the
public's best interest to provide greater access to the full
range of mental health treatments; and
  Whereas doctoral clinical psychologists desire to expand their
scope of practice to provide a greater range of mental health
treatment options; and
  Whereas the Legislative Assembly finds that doctoral clinical
psychologists with appropriate training should be permitted to
prescribe drugs to patients; now, therefore,

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + As used in sections 1 to 6 of this 2010 Act:
  (1) 'Collaboration' means a process that involves two or more
persons working together, each contributing that person's
respective area of expertise to provide more comprehensive care
than one person alone can provide.
  (2) 'Drug' means an article, other than food:
  (a) Intended for use in the diagnosis, cure, mitigation,
treatment or prevention of mental and emotional disorders; and
  (b) Intended to affect a structure or function of the human
body.
  (3) 'Licensed psychologist' means a person licensed to practice
psychology under the provisions of ORS 675.010 to 675.150.
  (4) 'Prescribe' has the meaning given that term in ORS 677.010.
  (5) 'Prescribing psychologist' means a licensed psychologist
who has been issued a certificate of prescriptive authority under
section 3 of this 2010 Act.
  (6) 'Prescribing psychologist formulary' means the list of
drugs, and the protocols for use of the drugs, adopted by the
Oregon Medical Board under section 3 of this 2010 Act. + }
  SECTION 2.  { + (1) There is established within the Oregon
Medical Board a Committee on Prescribing Psychologists. The term
of office for each member is three years, but each member serves
at the pleasure of the appointing authority. Before the
expiration of the term of a member, the appointing authority
shall appoint a successor whose term begins on July 1 next

Enrolled Senate Bill 1046 (SB 1046-A)                      Page 1

following. A member is eligible for reappointment. If there is a
vacancy for any cause, the appointing authority shall make an
appointment to become immediately effective for the unexpired
term.
  (2) The committee consists of seven members appointed as
follows:
  (a) The State Board of Psychologist Examiners shall appoint
four members as follows:
  (A) Three licensed psychologists; and
  (B) One licensed psychologist who is a member of the State
Board of Psychologist Examiners, who shall serve as chair of the
committee.
  (b) The Oregon Medical Board shall appoint three licensed
physicians, one of whom is a psychiatrist.
  (3) One of the members of the committee must have expertise in
the treatment of children.
  (4) The committee shall:
  (a) Make recommendations to the Oregon Medical Board on
educational requirements, clinical training requirements,
standards, examinations and continuing education for prescribing
psychologists;
  (b) Review and make recommendations to the Oregon Medical Board
and the State Board of Psychologist Examiners on applications for
certificates of prescriptive authority;
  (c) Make recommendations to the Oregon Medical Board and the
State Board of Psychologist Examiners on the prescribing
psychologist formulary and annual formulary revisions;
  (d) Make recommendations to the Oregon Medical Board on the
disposition of complaints about prescribing psychologists; and
  (e) Report to the Oregon Medical Board and the State Board of
Psychologist Examiners regarding the use of prescriptive
authority by prescribing psychologists.
  (5) A majority of the members of the committee constitutes a
quorum for the transaction of business.
  (6) Official action by the committee requires the approval of a
majority of the members of the committee.
  (7) The committee may seek the assistance of a neutral third
party in resolving disagreements among the members and
facilitating the collaborative process.
  (8) The committee shall meet at times and places specified by
the call of the chairperson or a majority of the members of the
committee.
  (9) The committee may adopt rules necessary for the operation
of the committee.
  (10) The Oregon Medical Board shall provide staff support to
the committee.
  (11) Members of the committee are not entitled to compensation,
but may be reimbursed from funds available to the Oregon Medical
Board for actual and necessary travel and other expenses incurred
by them in the performance of their official duties in the manner
and amount provided in ORS 292.495. + }
  SECTION 3.  { + (1) Pursuant to the procedure set forth in
section 4 of this 2010 Act, the Oregon Medical Board may issue a
certificate of prescriptive authority to a licensed psychologist
that authorizes the psychologist to prescribe drugs that are
listed in the prescribing psychologist formulary established
under this section.
  (2) A licensed psychologist who has a doctorate degree may
apply to the board for a certificate of prescriptive authority if
the psychologist:

Enrolled Senate Bill 1046 (SB 1046-A)                      Page 2

  (a)(A) Has completed an educational program approved by the
board after the board has taken into account the recommendations
of the Committee on Prescribing Psychologists provided under
section 2 of this 2010 Act; or
  (B) Has completed the United States Department of Defense
Psychopharmacology Demonstration Project or a similar program
developed and operated by any branch of the Armed Forces of the
United States;
  (b) Has completed a clinical training program approved by the
board after the board has taken into account the recommendations
of the Committee on Prescribing Psychologists provided under
section 2 of this 2010 Act;
  (c) Has passed a national certification examination as
specified by the board by rule; and
  (d) Pays fees required by the board by rule.
  (3) A certificate of prescriptive authority issued under this
section expires every two years. With the concurrence of the
State Board of Psychologist Examiners, the Oregon Medical Board
shall adopt rules setting forth the requirements and fee for
renewal of the certificate.
  (4) Taking into account the recommendations of the Committee on
Prescribing Psychologists made under section 2 of this 2010 Act,
and with the concurrence of the State Board of Psychologist
Examiners, the Oregon Medical Board shall adopt rules:
  (a) Setting educational requirements, clinical training
requirements, standards, examinations and continuing education
requirements for prescribing psychologists; and
  (b) Establishing the prescribing psychologist formulary and
annual formulary revisions. + }
  SECTION 4.  { + (1) No later than 30 days after the Oregon
Medical Board receives an application for a certificate of
prescriptive authority under section 3 of this 2010 Act, the
board shall forward the application to the Committee on
Prescribing Psychologists established in section 2 of this 2010
Act.
  (2) No later than 90 days after the Oregon Medical Board
forwards the application to the committee, the committee shall
review the application and recommend in writing to the Oregon
Medical Board and the State Board of Psychologist Examiners the
approval or denial of the application.
  (3) No later than 60 days after the committee sends its
recommendation on the application to the Oregon Medical Board and
the State Board of Psychologist Examiners, the Oregon Medical
Board and the State Board of Psychologist Examiners shall accept
or reject the recommendation. The State Board of Psychologist
Examiners shall notify the Oregon Medical Board of its decision.
  (4)(a) If the committee recommends approval of the application
and the Oregon Medical Board and the State Board of Psychologist
Examiners accept the recommendation, the Oregon Medical Board
shall issue the certificate of prescriptive authority no later
than 60 days after the Oregon Medical Board and the State Board
of Psychologist Examiners accept the recommendation.
  (b) If the Oregon Medical Board refuses to issue a certificate
of prescriptive authority based on the recommendation of the
committee or based on the rejection of the committee's
recommendation to approve the application by the Oregon Medical
Board or the State Board of Psychologist Examiners, the applicant
may request a contested case hearing under ORS chapter 183.
  (c) If one board accepts the committee's recommendation to
approve the application and the other board rejects the

Enrolled Senate Bill 1046 (SB 1046-A)                      Page 3

committee's recommendation to approve the application, the
applicant may request a contested case hearing under paragraph
(b) of this subsection or the applicant may request that the
boards mediate their differences in accordance with ORS
183.502. + }
  SECTION 5.  { + (1)(a) In the manner prescribed by ORS chapter
183 for contested cases, the Oregon Medical Board may deny,
suspend, limit or revoke a certificate of prescriptive authority
upon proof of a prescribing psychologist's inappropriate use of
prescriptive authority.
  (b) When the board receives a complaint about a prescribing
psychologist, the board shall notify the State Board of
Psychologist Examiners and forward the complaint to the Committee
on Prescribing Psychologists established in section 2 of this
2010 Act for a recommendation on disciplinary action. The Oregon
Medical Board may accept or reject the recommendation of the
committee. The Oregon Medical Board shall notify the State Board
of Psychologist Examiners of its decision.
  (2) Except as provided in subsection (1) of this section, the
Oregon Medical Board may not take disciplinary action against a
prescribing psychologist.
  (3) Disciplinary action by the Oregon Medical Board under
subsection (1) of this section is grounds for discipline of the
prescribing psychologist by the State Board of Psychologist
Examiners under ORS 675.070 and 675.085. + }
  SECTION 6.  { + (1) The Oregon Medical Board, with the
concurrence of the State Board of Psychologist Examiners, shall
adopt rules requiring a prescribing psychologist to maintain an
ongoing collaboration with the health care professional who
oversees a patient's medical care to ensure that:
  (a) Necessary medical examinations are conducted;
  (b) The prescribed drug is appropriate for the patient's
medical condition; and
  (c) The prescribing psychologist and the health care
professional discuss, in a timely manner, any significant changes
in the patient's medical or psychological condition.
  (2) The prescribing psychologist and the health care
professional shall each document the collaboration under
subsection (1) of this section in the clinical records of the
patient.
  (3) A health care professional who collaborates with a
prescribing psychologist as required by rules adopted under this
section is not liable for any injury resulting from the care
provided by the prescribing psychologist that was the subject of
the collaboration, unless the injury results from the gross
negligence or reckless, wanton or intentional misconduct of the
health care professional. + }
  SECTION 7. ORS 675.085 is amended to read:
  675.085. (1) Upon receipt of a complaint under ORS 675.010 to
675.150, the State Board of Psychologist Examiners shall conduct
an investigation as described under ORS 676.165.
   { +  (2) If the board's investigation reveals that a
psychologist who has a certificate of prescriptive authority
issued under section 3 of this 2010 Act has improperly used the
psychologist's prescriptive authority, the board shall notify the
Oregon Medical Board and the Committee on Prescribing
Psychologists established in section 2 of this 2010 Act. The
State Board of Psychologist Examiners may also impose
disciplinary action as permitted under ORS 675.070. + }

Enrolled Senate Bill 1046 (SB 1046-A)                      Page 4

    { - (2) - }   { + (3) + } Where the board proposes to refuse
to issue a license or to impose any disciplinary action under ORS
675.070, opportunity for hearing shall be accorded as provided in
ORS chapter 183. The board shall render its decision within 30
days after the hearing.
    { - (3) - }   { + (4) + } Adoption of rules, conduct of
hearings, issuance of orders and judicial review of rules and
orders shall be as provided in ORS chapter 183.
  SECTION 8. ORS 677.265 is amended to read:
  677.265. In addition to any other powers granted by this
chapter, the Oregon Medical Board may:
  (1) Adopt necessary and proper rules for administration of this
chapter including but not limited to:
  (a) Establishing fees and charges to carry out its legal
responsibilities, subject to prior approval by the Oregon
Department of Administrative Services and a report to the
Emergency Board prior to adopting the fees and charges. The fees
and charges shall be within the budget authorized by the
Legislative Assembly as that budget may be modified by the
Emergency Board. The fees and charges established under this
section may not exceed the cost of administering the program or
the purpose for which the fee or charge is established, as
authorized by the Legislative Assembly for the Oregon Medical
Board's budget, or as modified by the Emergency Board or future
sessions of the Legislative Assembly.
  (b) Establishing standards and tests to determine the moral,
intellectual, educational, scientific, technical and professional
qualifications required of applicants for licenses under this
chapter.
  (c) Enforcing the provisions of this chapter and exercising
general supervision over the practice of medicine and podiatry
within this state. In determining whether to discipline a
licensee for a standard of care violation, the Oregon Medical
Board shall determine whether the licensee used that degree of
care, skill and diligence that is used by ordinarily careful
physicians or podiatric physicians and surgeons in the same or
similar circumstances in the community of the physician or
podiatric physician and surgeon or a similar community.
  (2) Issue, deny, suspend and revoke licenses and limited
licenses, assess costs of proceedings and fines and place
licensees on probation as provided in this chapter.
   { +  (3) Issue, deny, suspend, limit and revoke certificates
of prescriptive authority for licensed psychologists as provided
in sections 3 and 5 of this 2010 Act.
  (4) With the concurrence of the State Board of Psychologist
Examiners, adopt rules for administering the requirements of
sections 3, 4, 5 and 6 of this 2010 Act relating to prescribing
psychologists. + }
    { - (3) - }   { + (5) + } Use the gratuitous services and
facilities of private organizations to receive the assistance and
recommendations of the organizations in administering this
chapter.
    { - (4) - }   { + (6) + } Make its personnel and facilities
available to other regulatory agencies of this state, or other
bodies interested in the development and improvement of the
practice of medicine or podiatry in this state, upon terms and
conditions for reimbursement as are agreed to by the Oregon
Medical Board and the other agency or body.
    { - (5) - }   { + (7) + } Appoint examiners, who need not be
members of the Oregon Medical Board, and employ or contract with

Enrolled Senate Bill 1046 (SB 1046-A)                      Page 5

the American Public Health Association or the National Board of
Medical Examiners or other organizations, agencies and persons to
prepare examination questions and score examination papers.
    { - (6) - }   { + (8) + } Determine the schools, colleges,
universities, institutions and training acceptable in connection
with licensing under this chapter. All residency, internship and
other training programs carried on in this state by any hospital,
institution or medical facility shall be subject to approval by
the Oregon Medical Board. The board shall accept the approval by
the American Osteopathic Association or the American Medical
Association in lieu of approval by the board.
    { - (7) - }   { + (9) + } Prescribe the time, place, method,
manner, scope and subjects of examinations under this chapter.
    { - (8) - }   { + (10) + } Prescribe all forms that it
considers appropriate for the purposes of this chapter, and
require the submission of photographs and relevant personal
history data by applicants for licensure under this chapter.
    { - (9) - }   { + (11) + } For the purpose of requesting a
state or nationwide criminal records check under ORS 181.534,
require the fingerprints of a person who is:
  (a) Applying for a license that is issued by the board;
  (b) Applying for renewal of a license that is issued by the
board; or
  (c) Under investigation by the board.
    { - (10) - }   { + (12) + } Administer oaths, issue notices
and subpoenas in the name of the board, enforce subpoenas in the
manner authorized by ORS 183.440, hold hearings and perform such
other acts as are reasonably necessary to carry out its duties
under this chapter.
  SECTION 9.  { + (1) There is created the Task Force on
Prescribing Psychologists, consisting of six members as follows:
  (a) Three licensed physicians, at least one of whom must be a
psychiatrist, appointed by the Oregon Medical Board; and
  (b) Three licensed psychologists, at least one of whom must
have a doctorate in clinical psychology, appointed by the State
Board of Psychologist Examiners.
  (2) The task force shall:
  (a) Develop recommendations on the educational requirements,
curriculum, clinical training and standards, including standards
for prescribing drugs to special populations, that should be
required to grant clinical psychologists the authority to
prescribe psychotropic drugs within a clinical psychology
practice; and
  (b) Report its recommendations to the Seventy-sixth Legislative
Assembly in the manner provided in ORS 192.245 no later than
March 1, 2011.
  (3) A majority of the members of the task force constitutes a
quorum for the transaction of business.
  (4) Official action by the task force requires the approval of
a majority of the members of the task force.
  (5) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
  (6) The task force shall meet at times and places specified by
a majority of the members of the task force.
  (7) The task force may adopt rules necessary for the operation
of the task force.
  (8) The Oregon Medical Board and the State Board of
Psychologist Examiners shall provide staff support to the task
force.

Enrolled Senate Bill 1046 (SB 1046-A)                      Page 6

  (9) Members of the task force are not entitled to compensation
or reimbursement of expenses and serve as volunteers on the task
force.
  (10) The Oregon Medical Board and the State Board of
Psychologist Examiners may accept gifts, grants or contributions
from any public or private source for the purpose of carrying out
this section. + }
  SECTION 10.  { + Section 9 of this 2010 Act is repealed on June
30, 2012. + }
  SECTION 11.  { + Notwithstanding the term of office specified
by section 2 of this 2010 Act, the members first appointed to the
Committee on Prescribing Psychologists shall determine by lot at
the first meeting of the committee the initial terms of office
for committee members as follows:
  (1) Two shall serve for terms ending June 30, 2011.
  (2) Two shall serve for terms ending June 30, 2012.
  (3) Three shall serve for terms ending June 30, 2013. + }
  SECTION 12.  { + Sections 3, 4, 5 and 6 of this 2010 Act and
the amendments to ORS 675.085 and 677.265 by sections 7 and 8 of
this 2010 Act become operative on July 1, 2011. + }
  SECTION 13.  { + The Oregon Medical Board may take any action
before the operative date specified in section 12 of this 2010
Act that is necessary for the board to exercise, on and after the
operative date specified in section 12 of this 2010 Act, all of
the duties, functions and powers conferred on the board by
sections 3, 4, 5 and 6 of this 2010 Act and the amendments to ORS
675.085 and 677.265 by sections 7 and 8 of this 2010 Act. + }
  SECTION 14.  { + This 2010 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2010 Act takes effect on
its passage. + }
                         ----------

Passed by Senate February 22, 2010

      ...........................................................
                                              Secretary of Senate

      ...........................................................
                                              President of Senate

Passed by House February 24, 2010

      ...........................................................
                                                 Speaker of House

Enrolled Senate Bill 1046 (SB 1046-A)                      Page 7

Received by Governor:

......M.,............., 2010

Approved:

......M.,............., 2010

      ...........................................................
                                                         Governor

Filed in Office of Secretary of State:

......M.,............., 2010

      ...........................................................
                                               Secretary of State

Enrolled Senate Bill 1046 (SB 1046-A)                      Page 8
feedback