Bill Text: OR SB228 | 2011 | Regular Session | Introduced
Bill Title: Relating to prescribing psychologists; declaring an emergency.
Spectrum: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB228 Detail]
Download: Oregon-2011-SB228-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular 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 2030
Senate Bill 228
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 certificates of
prescriptive authority to certain licensed psychologists who meet
specified requirements.
Establishes Committee on Prescribing Psychologists within
Oregon Medical Board to make recommendations to Oregon Medical
Board and State Board of Psychologist Examiners on prescribing
psychologists.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to prescribing psychologists; creating new provisions;
amending ORS 675.085 and 677.265; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 7 of this 2011 Act:
(1) 'Certificate of prescriptive authority' means a conditional
certificate of prescriptive authority or a full certificate of
prescriptive authority issued under section 3 of this 2011 Act.
(2) '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.
(3) 'Drug' means an article, other than food:
(a) Intended for use in the diagnosis, cure, mitigation,
treatment or prevention of mental or emotional disorders; and
(b) Intended to affect a structure or function of the human
body.
(4) 'Licensed psychologist' means a person licensed to practice
psychology under the provisions of ORS 675.010 to 675.150.
(5) 'Prescribe' has the meaning given that term in ORS 677.010.
(6) 'Prescribing psychologist' means a licensed psychologist
who has been issued a certificate of prescriptive authority under
section 3 of this 2011 Act.
(7) 'Prescribing psychologist formulary' means the list of
drugs, and the protocols for use of the drugs, adopted by the
Oregon Medical Board by rule pursuant to ORS 677.265. + }
SECTION 2. { + (1) There is established within the Oregon
Medical Board a Committee on Prescribing Psychologists. The
committee consists of seven members appointed as follows:
(a) The State Board of Psychologist Examiners shall appoint
four licensed psychologists, one of whom is a member of the State
Board of Psychologist Examiners.
(b) The Oregon Medical Board shall appoint three licensed
physicians, at least one of whom is a psychiatrist.
(2) 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.
(3) One of the members of the committee must have expertise in
the treatment of children.
(4) The members of the committee shall elect one of the
licensed psychologists appointed under subsection (1)(a) of this
section as the chairperson of the committee.
(5) The committee shall:
(a) Review and make recommendations to the Oregon Medical Board
and the State Board of Psychologist Examiners on clinical
training programs proposed by applicants seeking a conditional
certificate of prescriptive authority;
(b) Review and make recommendations to the Oregon Medical Board
and the State Board of Psychologist Examiners on applications
submitted for certificates of prescriptive authority;
(c) Develop and make recommendations to the Oregon Medical
Board and the State Board of Psychologist Examiners regarding the
prescribing psychologist formulary and annual revisions to the
prescribing psychologist formulary;
(d) Develop and make recommendations to the Oregon Medical
Board and the State Board of Psychologist Examiners regarding
standards, examinations and continuing education for 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.
(6) A majority of the members of the committee constitutes a
quorum for the transaction of business.
(7) Official action by the committee requires the approval of a
majority of the members of the committee.
(8) The committee may seek the assistance of a neutral third
party in resolving disagreements among the committee members and
facilitating the collaborative process.
(9) The committee shall meet at times and places specified by
the call of the chairperson or a majority of the members of the
committee.
(10) The committee may adopt rules necessary for the operation
of the committee.
(11) The Oregon Medical Board shall provide staff support to
the committee.
(12) 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 committee members 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 2011 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.
(2)(a) A licensed psychologist may apply to the Oregon Medical
Board for a conditional certificate of prescriptive authority if
the psychologist:
(A)(i) 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
(ii) 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 proposed a clinical training program that has been
reviewed by the Committee on Prescribing Psychologists and
forwarded to the Oregon Medical Board and the State Board of
Psychologist Examiners with the committee's recommendation on the
clinical training program under section 4 of this 2011 Act; and
(C) Pays the fees required by the Oregon Medical Board by rule.
(b) A prescribing psychologist who holds a conditional
certificate of prescriptive authority may prescribe a drug only
if a physician licensed under ORS chapter 677 has specifically
approved the prescription in writing, in accordance with rules
adopted under section 7 of this 2011 Act.
(3) A licensed psychologist may apply to the Oregon Medical
Board for a full certificate of prescriptive authority if the
psychologist:
(a) Has completed a clinical training program approved by the
Oregon Medical Board after taking into account the committee's
recommendation on the clinical training program under section 4
of this 2011 Act and with the concurrence of the State Board of
Psychologist Examiners;
(b) Has passed a national certification examination in
psychopharmacology as specified by the Oregon Medical Board by
rule; and
(c) Pays the fees required by the Oregon Medical Board by rule.
(4) A certificate of prescriptive authority issued under this
section expires every two years. Taking into account the
recommendations made by the Committee on Prescribing
Psychologists under section 2 of this 2011 Act and 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 a certificate of prescriptive
authority.
(5) Taking into account the recommendations made by the
Committee on Prescribing Psychologists under section 2 of this
2011 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.
(6) 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) A clinical training program for certifying
a prescribing psychologist under section 3 of this 2011 Act must
include 24 months of training in conjunction with a longitudinal
outpatient experience that:
(a) Is completed under the contracted residency supervision of
at least one psychiatrist licensed under ORS chapter 677.
(b) Is completed pursuant to a residency contract that is
approved by the Committee on Prescribing Psychologists before the
licensed psychologist begins the clinical training program.
(c) Includes the following components:
(A) At least two months of clinical experience in a mental
health setting in direct collaboration with a psychiatrist
licensed under ORS chapter 677;
(B) At least one year of clinical experience in a general
medical health setting; and
(C) If the licensed psychologist intends to practice with a
specialized population, at least three months of clinical
experience in a specialized setting such as a general pediatric
setting, a pain treatment setting, a general geriatric setting,
an addiction treatment setting or a general neurology setting.
(2)(a) The committee shall review all clinical training
programs proposed by applicants under section 3 of this 2011 Act
on an individual basis and recommend to the Oregon Medical Board
and the State Board of Psychologist Examiners whether to accept
or reject the proposed clinical training program, taking into
account each applicant's experience and other qualifications.
(b) Notwithstanding subsection (1) of this section, the
committee may recommend acceptance of a clinical training program
that does not meet the requirements of subsection (1) of this
section if the committee determines that the applicant's
experience and other qualifications and the clinical training
program proposed by the applicant combine to satisfy the
requirements of subsection (1) of this section. + }
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 2011 Act, the
Oregon Medical Board shall forward the application to the
Committee on Prescribing Psychologists.
(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 as provided in
paragraph (b) of this subsection or the applicant may request
that the boards submit the dispute for alternative dispute
resolution as provided in 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 Oregon Medical Board receives a complaint about a
prescribing psychologist, the Oregon Medical Board shall notify
the State Board of Psychologist Examiners and forward the
complaint to the Committee on Prescribing Psychologists 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. + }
SECTION 7. { + Taking into account the recommendations made by
the Committee on Prescribing Psychologists under section 2 of
this 2011 Act and with the concurrence of the State Board of
Psychologist Examiners, the Oregon Medical Board shall adopt
rules requiring:
(1) 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 to each document the collaboration under subsection
(1) of this section in the clinical records of the patient.
(3) A prescribing psychologist with a conditional certificate
of prescriptive authority to obtain the specific written approval
of a physician licensed under ORS chapter 677 for each
prescription the prescribing psychologist writes. + }
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 investigation by the State Board of
Psychologist Examiners reveals that a prescribing psychologist,
as defined in section 1 of this 2011 Act, has improperly used
prescriptive authority, the State Board of Psychologist Examiners
shall notify the Oregon Medical Board and the Committee on
Prescribing Psychologists established in section 2 of this 2011
Act. The State Board of Psychologist Examiners may impose
disciplinary action as permitted under ORS 675.070. + }
{ - (2) - } { + (3) + } { - Where - } { + If + } the
{ - board - } { + State Board of Psychologist Examiners + }
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 - } { + State Board of Psychologist Examiners + }
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 conditional
certificates of prescriptive authority and full certificates of
prescriptive authority for licensed psychologists as provided in
sections 3 and 6 of this 2011 Act.
(4) Taking into account the recommendations made by the
Committee on Prescribing Psychologists under section 2 of this
2011 Act and with the concurrence of the State Board of
Psychologist Examiners, adopt by rule the prescribing
psychologist formulary, as defined in section 1 of this 2011 Act.
(5) 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 2011 Act relating to prescribing
psychologists, as defined in section 1 of this 2011 Act. + }
{ - (3) - } { + (6) + } Use the gratuitous services and
facilities of private organizations to receive the assistance and
recommendations of the organizations in administering this
chapter.
{ - (4) - } { + (7) + } 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) - } { + (8) + } 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) - } { + (9) + } 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 { + Oregon Medical + } Board shall
accept the approval by the American Osteopathic Association or
the American Medical Association in lieu of approval by the
{ + Oregon Medical + } Board.
{ - (7) - } { + (10) + } Prescribe the time, place, method,
manner, scope and subjects of examinations under this chapter.
{ - (8) - } { + (11) + } 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) - } { + (12) + } 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 { + Oregon
Medical + } Board;
(b) Applying for renewal of a license that is issued by the
{ + Oregon Medical + } Board; or
(c) Under investigation by the { + Oregon Medical + } Board.
{ - (10) - } { + (13) + } Administer oaths, issue notices
and subpoenas in the name of the { + Oregon Medical + } 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 2011 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, 2013.
(2) Two shall serve for terms ending June 30, 2014.
(3) Three shall serve for terms ending June 30, 2015. + }
SECTION 11. { + (1) Sections 3, 5 and 6 of this 2011 Act and
the amendments to ORS 675.085 and 677.265 by sections 8 and 9 of
this 2011 Act become operative on January 1, 2012.
(2) The Oregon Medical Board and the State Board of
Psychologist Examiners may take any action before the operative
date specified in subsection (1) of this section that is
necessary for the boards to exercise, on and after the operative
date specified in subsection (1) of this section, all of the
duties, functions and powers conferred on the boards by sections
3, 5 and 6 of this 2011 Act and the amendments to ORS 675.085 and
677.265 by sections 8 and 9 of this 2011 Act. + }
SECTION 12. { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
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