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

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


     75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 9

                        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)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Authorizes Oregon Medical Board to issue certificate of
prescriptive authority to certain licensed psychologists and sets
forth requirements and procedure for issuance of certificate.
  Directs board to adopt rules for regulation of prescribing
psychologists with concurrence of State Board of Psychologist
Examiners.
  Establishes Committee on Prescribing Psychologists to review
applications and proposed clinical training programs, adopt
formulary and make recommendations to Oregon Medical Board.
  Declares emergency, effective on passage.

                        A BILL FOR 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 intent of this legislation is to support the
seamless integration of mental and medical health services by
promoting effective collaboration between independent health care
disciplines and practitioners within those disciplines; now,
therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1 to 7 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
Committee on Prescribing Psychologists under section 2 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
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 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) Review and make recommendations to the Oregon Medical Board
on clinical training programs proposed by applicants for
certificates of prescriptive authority.
  (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) Develop and establish the prescribing psychologist
formulary and annual formulary revisions;
  (d) Develop and make recommendations to the Oregon Medical
Board regarding standards, examination and continuing education
for prescribing psychologists;
  (e) Make recommendations to the Oregon Medical Board on the
disposition of complaints about prescribing psychologists; and
  (f) 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 5 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 developed and
established under section 2 of this 2010 Act.
  (2) A licensed psychologist may apply to the board for a
certificate of prescriptive authority if the psychologist:
  (a)(A) Has a master's degree in clinical psychopharmacology,
including training in physical assessment, pathophysiology,
psychopharmacology and clinical management, from an institution
accredited by a regional accreditation organization recognized by
the United States Department of Education; or
  (B) Has successfully 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 recommendation
of the Committee on Prescribing Psychologists provided under
section 4 of this 2010 Act;
  (c) Has passed a national certification examination in
psychopharmacology 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 setting
standards and continuing education requirements for prescribing
psychologists.
  (5) The Oregon Medical Board shall provide a report on the
practice of prescribing psychologists to a legislative committee
related to health care on or before March 31 of each odd-numbered
year. + }
  SECTION 4.  { + (1) The clinical training program for a
prescribing psychologist required by section 3 of this 2010 Act
must include 18 months of training with a longitudinal outpatient
experience that:
  (a) Includes the following components, which may be completed
concurrently:
  (A) At least one month of clinical experience in a general
pediatric setting;
  (B) At least one month of clinical experience in a general
geriatric setting;
  (C) At least one month of clinical experience in an addiction
treatment setting;
  (D) At least one month of clinical experience in a pain
treatment setting; and
  (E) At least one month of clinical experience in a neurology
setting;
  (b) Occurs in the following settings:
  (A) At least three months in an inpatient psychiatry setting;
  (B) At least three months in a public mental health treatment
setting;
  (C) At least six weeks in a mental health consult services
setting; and
  (D) At least six months in a primary care mental health
setting; and
  (c) Is supervised by a physician licensed by the Oregon Medical
Board.
  (2) The Committee on Prescribing Psychologists established in
section 2 of this 2010 Act shall review proposed clinical
training programs that meet the requirements of subsection (1) of
this section on an individual basis and recommend to the Oregon
Medical Board whether to accept or reject the proposed clinical
training program, taking into account each applicant's experience
and other qualifications.
  (3) A psychologist who plans to apply for a certificate of
prescriptive authority may submit a proposed clinical training
program to the committee, and the committee may provide its
recommendation on the clinical training program to the Oregon
Medical Board before the prospective applicant files the
application. + }
  SECTION 5.  { + (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
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 6.  { + (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 7.  { + (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. + }
  SECTION 8. 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. + }
    { - (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 9. 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 6 of this 2010 Act.
  (4) With the concurrence of the State Board of Psychologist
Examiners, adopt rules for administering the requirements of
sections 3, 5, 6 and 7 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
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 10.  { + 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 11.  { + Sections 3, 5, 6 and 7 of this 2010 Act and
the amendments to ORS 677.265 by section 9 of this 2010 Act
become operative on January 1, 2011. + }
  SECTION 12.  { + The Oregon Medical Board may take any action
before the operative date specified in section 11 of this 2010
Act that is necessary for the board to exercise, on and after the
operative date specified in section 11 of this 2010 Act, all of
the duties, functions and powers conferred on the board by
sections 3, 5, 6 and 7 of this 2010 Act and the amendments to ORS
677.265 by section 9 of this 2010 Act. + }
  SECTION 13.  { + 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. + }
                         ----------

feedback