SB 9 — PSYCHOLOGIST PRESCRIPTION CERTIFICATES
Last action — Signed
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 16, 2019. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
543 added · 767 removedPlain-language change summary
In the latest version of SB 9, the language has been clarified regarding the roles of prescribing psychologists and those with a conditional prescription certificate. Specifically, the definitions of "conditional prescription certificate" and "independently licensed prescribing clinician" have been added to ensure clear understanding of who can prescribe medications and under what circumstances. This change is important as it helps to outline the responsibilities and limits of prescribing psychologists, potentially leading to safer and more efficient patient care by delineating the supervisory roles involved in the prescribing process.
SENATE BILL 9 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 INTRODUCED BY Mary Kay Papen 6 8 10 AN ACT RELATING TO HEALTH CARE;
UPDATING PROVISIONS OF THE PROFESSIONAL PSYCHOLOGIST ACT RELATING TO PRESCRIBING PSYCHOLOGISTS AND PSYCHOLOGISTS WITH A CONDITIONAL PRESCRIPTION 14 CERTIFICATE;
e9 t 17 w l n d 18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
= = 19 SECTION 1.
Section 61-9-3 NMSA 1978 (being Laws 1963, a l i a e r 20 Chapter 92, Section 3, as amended) is amended to read:
a t m m 21 "61-9-3.
DEFINITIONS.--As used in the Professional d r e 22 Psychologist Act:
c e s k 23 A.
"board" means the New Mexico state board of e a n b 24 psychologist examiners;
u [ B.
"conditional prescription certificate" means a .212247.1 document issued by the board to a licensed psychologist that permits the holder to prescribe psychotropic medication under the supervision of a [licensed physician ] supervising clinician pursuant to the Professional Psychologist Act;
[C.] D.
"person" includes an individual, firm, SB 9 Page 1 partnership, association or corporation;
[D.] E.
[E.] F.
e e 17 [F.] G.
"psychotropic medication" means a e e n d 18 controlled substance or dangerous drug that may not be = = l ] 19 dispensed or administered without a prescription and whose a l r i 20 primary indication for use has been approved by the federal t e a t food and drug administration for the treatment of mental m m 21 e d r e 22 disorders [and ] or is listed as a psychotherapeutic agent in c e r c 23 Drug Facts and Comparisons 2017, or the most recent edition of e a n b 24 that book, or in [the] American Hospital Formulary Service Drug u [ Information;
.212247.1 - 2 - [G.] H.
"psychologist" means a person who engages in the practice of psychology or holds [himself ] the person's self out to the public by any title or description of services representing [himself ] the person as a psychologist, which incorporates the words "psychological", "psychologist", "psychology", or when a person describes [himself ] the person's self as above and, under such title or description, offers to render or renders services involving the application of principles, methods and procedures of the science and profession of psychology to persons for compensation or other personal gain;
[H.]SB 9 Page 2 I.
"practice of psychology" means the observation, description, evaluation, interpretation and modification of human behavior by the application of psychological principles, methods and procedures for the purpose of preventing or eliminating symptomatic, maladaptive e e 17 or undesired behavior and of enhancing interpersonal e e n d 18 relationships, work and life adjustment, personal = = l ] 19 effectiveness, behavioral health and mental health, and further a l r i 20 means the rendering of such psychological services to t e a t individuals, families or groups regardless of whether payment m m 21 e d r e 22 is received for services rendered.
The practice of psychology c e r c 23 includes psychological testing or neuropsychological testing e a n b 24 and the evaluation or assessment of personal characteristics u [ such as intelligence, personality, abilities, interests, .212247.1 - 3 - aptitudes and neuropsychological functioning;
diagnosis and treatment of [any ] a mental and emotional disorder or disability, alcoholism and substance abuse, disorders of habit or conduct and the psychological aspects of physical illness, accident, injury and disability;
[and I.] J.
"school" or "college" means a university or other institution of higher education that is regionally SB 9 Page 3 accredited and that offers a full-time graduate course of study in psychology as defined by rule of the board or that is approved by the American psychological association;
"supervising clinician" means a licensed physician, osteopathic physician, nurse practitioner, psychiatric nurse practitioner or clinical nurse specialist who e e 17 is supervising a psychologist in the prescribing of e e n d 18 psychotropic medication." = = l ] 19 SECTION 2.
Section 61-9-10 NMSA 1978 (being Laws 1963, a l r i 20 Chapter 92, Section 9, as amended) is amended to read:
t e a t "61-9-10.
LICENSURE OF PSYCHOLOGISTS FROM OTHER AREAS-- m m 21 e d r e 22 RECIPROCITY.--Subject to the provisions of Section 61-9-10.1 c e r c 23 NMSA 1978, upon application accompanied by a fee as required by e a n b 24 the Professional Psychologist Act, the board may, without u [ written or oral examination, issue a license to a person who .212247.1 - 4 - furnishes, upon a form and in such manner as the board prescribes, evidence satisfactory to the board that the person has been licensed or certified as a psychologist or prescribing psychologist by another state, a territorial possession of the United States, the District of Columbia or another country for a minimum of five years.
An applicant seeking reciprocity shall demonstrate to the satisfaction of the board that the training and education received by the applicant is equivalent to the requirements for a doctoral degree in psychology as provided in the Professional SB 9 Page 4 Psychologist Act." SECTION 3.
The board, by an affirmative vote of at least five of its eight members, shall withhold, deny, revoke or suspend a psychologist or psychologist associate license issued e e 17 or applied for in accordance with the provisions of the e e n d 18 Professional Psychologist Act or otherwise discipline a = = l ] 19 licensed psychologist or psychologist associate upon proof that a l r i 20 the applicant, licensed psychologist or psychologist associate:
t e a t (1) has been convicted of a felony or an m m 21 e d r e 22 offense involving moral turpitude, the record of conviction c e r c 23 being conclusive evidence thereof;
e a n b 24 (2) is using a drug, substance or alcoholic u [ beverage to an extent or in a manner dangerous to the .212247.1 - 5 - psychologist or psychologist associate, any other person or the public or to an extent that the use impairs the psychologist's or psychologist associate's ability to perform the work of a professional psychologist or psychologist associate with safety to the public;
(3) has impersonated another person holding a psychologist or psychologist associate license or allowed SB 9 Page 5 another person to use the psychologist's or psychologist associate's license;
(6) has allowed the psychologist's or e e 17 psychologist associate's name or license issued under the e e n d 18 Professional Psychologist Act to be used in connection with a = = l ] 19 person who performs psychological services outside of the area a l r i 20 of that person's training, experience or competence;
t e a t (7) is legally adjudicated insane or mentally m m 21 e d r e 22 incompetent, the record of such adjudication being conclusive c e r c 23 evidence thereof;
e a n b 24 (8) has willfully or negligently violated the u [ provisions of the Professional Psychologist Act;
.212247.1 - 6 - (9) has violated any code of conduct adopted by the board;
SB 9 Page 6 (12) has failed to furnish to the board or its representative information requested by the board;
e e 17 (c) a government agency;
Show all 122 changed lines (82 more)
or e e n d 18 (d) a court for actions or conduct = = l ] 19 similar to acts or conduct that would constitute grounds for a l r i 20 action as described in this subsection;
t e a t (15) has failed to report to the board m m 21 e d r e 22 surrender of a license or other authorization to practice c e r c 23 psychology in another jurisdiction or surrender of membership e a n b 24 on a health care staff or in a professional association u [ following a disciplinary investigation, or in lieu of or while .212247.1 - 7 - under a disciplinary investigation, by any of those authorities for acts or conduct that would constitute grounds for action as defined in this subsection;
SB 9 Page 7 (18) has aided or abetted the practice of psychology by a person not licensed by the board;
e e 17 (1) "conversion therapy" means any practice or e e n d 18 treatment that seeks to change a person's sexual orientation or = = l ] 19 gender identity, including any effort to change behaviors or a l r i 20 gender expressions or to eliminate or reduce sexual or romantic t e a t attractions or feelings toward persons of the same sex.
m m 21 e d r e 22 "Conversion therapy" does not mean:
c e r c 23 (a) counseling or mental health services e a n b 24 that provide acceptance, support and understanding of a person u [ without seeking to change gender identity or sexual .212247.1 - 8 - orientation;
SB 9 Page 8 (2) "gender identity" means a person's self-self-perception, perception, or perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord with or opposed to the person's physical anatomy, chromosomal sex or sex at birth;
and (4) "sexual orientation" means e e 17 heterosexuality, homosexuality or bisexuality, whether actual e e n d 18 or perceived." = = l ] 19 SECTION 4.
Section 61-9-17 NMSA 1978 (being Laws 1963, a l r i 20 Chapter 92, Section 16, as amended) is amended to read:
t e a t "61-9-17.
DRUGS--MEDICINES.-- m m 21 e d r e 22 A.
Except as provided in Subsections B and C of c e r c 23 this section, psychologists or psychologist associates shall e a n b 24 not administer or prescribe drugs or medicine or in any manner u [ engage in the practice of medicine as defined by the laws of .212247.1 - 9 - this state.
A licensed psychologist holding a conditional prescription certificate may prescribe psychotropic medication under the supervision of a [licensed physician ] supervising clinician pursuant to the Professional Psychologist Act.
6 C.
A prescribing psychologist may prescribe psychotropic medication pursuant to the Professional SB 9 Page 9 Psychologist Act." SECTION 5.
CONDITIONAL PRESCRIPTION CERTIFICATE-- PRESCRIPTION CERTIFICATE--APPLICATION--REQUIREMENTS--RULEMAKINGCERTIFICATE--APPLICATION--REQUIREMENTS-- RULEMAKING BY BOARD--ISSUANCE, DENIAL, RENEWAL AND REVOCATION OF CERTIFICATION.-- A.
The application shall be e e 17 made on a form approved by the board and be accompanied by e e n d 18 evidence satisfactory to the board that the applicant:
= = l ] 19 (1) has completed a doctoral program in a l r i 20 psychology from an accredited institution of higher education t e a t or professional school, or, if the program was not accredited m m 21 e d r e 22 at the time of the applicant's graduation, that the program c e r c 23 meets professional standards determined acceptable by the e a n b 24 board;
u [ (2) holds a current license to practice .212247.1 - 10 - psychology in New Mexico;
(3) has successfully completed pharmacological training from an institution of higher education approved by the board and the New Mexico medical board [of medical examiners] or from a provider of continuing education approved 6 by the board and the New Mexico medical boardboard; [of medical examiners];
(4) has passed a national certification SB 9 Page 10 examination approved by the board and the New Mexico medical board [of medical examiners] that tests the applicant's knowledge of pharmacology in the diagnosis, care and treatment of mental disorders;
(5) within the five years immediately preceding the date of application, has successfully completed an organized program of education approved by the board and the boardNew [ofMexico medical examiners]board and consisting New Mexico medical e e 17 of didactic instruction of no fewer than four hundred fifty e e n d 18 classroom hours in at least the following core areas of = = l ] 19 instruction:
a l r i 20 (a) neuroscience;
t e a t (b) pharmacology;
m m 21 e d r e 22 (c) psychopharmacology;
c e r c 23 (d) physiology;
e a n b 24 (e) pathophysiology;
u [ (f) appropriate and relevant physical .212247.1 - 11 - and laboratory assessment;
(6) within the five years immediately preceding the date of application, has been certified by each of the applicant's supervising [psychiatrist or physician] 6 independently licensed prescribing clinicians as having successfully completed a supervised and relevant clinical experience, approved by the board and the New Mexico medical boardboard, [of medical examiners], of:
(a) no less than an eighty-hour practicum in clinical assessment and pathophysiology under SB 9 Page 11 the supervision of an independently licensed prescribing physician;
and (b) an additional supervised practicum of at least four hundred hours treating no fewer than one hundred patients with mental disorders, the practica to have e e 17 been supervised by any one or a combination of a psychiatrist e e n d 18 or other appropriately trained independently licensed = = l ] 19 prescribing physician and determined by the board and the New a l r i 20 Mexico medical board [of medical examiners] to be sufficient to t e a t competently train the applicant in the treatment of a diverse m m 21 e d r e 22 patient population.
One-to-one supervision shall be provided c e r c 23 either face-to-face, telephonically or by video conference;
e a n b 24 (7) has malpractice insurance in place, u [ sufficient to satisfy the rules adopted by the board and the .212247.1 - 12 - New Mexico medical boardboard, [of medical examiners], that will cover the applicant during the period the conditional prescription certificate is in effect;
The certificate shall be valid for a period of two years, at the end of which the holder may again apply pursuant to the SB 9 Page 12 provisions of Subsection A of this section.
A psychologist with a conditional prescription certificate may prescribe psychotropic medication under the supervision of a [licensed physician ] supervising clinician subject to the following conditions:
(1) the psychologist shall continue to hold a e e 17 current license to practice psychology in New Mexico and e e n d 18 continue to maintain malpractice insurance;
=(2) = l ] 19 [(2) the psychologist shall informnotify the board a l r i 20 and the New Mexico board of medical examiners of the name of t e a t the physicianpsychologist's under whose supervision the psychologist will m m 21 e d r e 22 prescribe psychotropic medication and promptly inform the board c e r c 23 and the New Mexico board of medical examiners of any change of e a n b 24 the supervising physician;clinician;
and u [ (3) a physician supervising a psychologist .212247.1 - 13 - prescribing psychotropic medication pursuant to a conditional prescription certificate shall inform the board and the New Mexico board of medical examiners that he is supervising the psychologist.
The physician shall be individually responsible for the acts and omissions of the psychologist while under his 6 supervision.
This provision does not relieve the psychologist from liability for his acts and omissions.] (2) the psychologist shall notify the board of the name of the psychologist's supervising clinician;
e e 17 [C.] D.
A psychologist may apply to the board for a e e n d 18 prescription certificate.
The application shall be made on a = = l ] 19 form approved by the board and be accompanied by evidence a l r i 20 satisfactory to the board that the applicant:
t e a t (1) has been issued a conditional prescription m m 21 e d r e 22 certificate and has successfully completed two years of c e r c 23 prescribing psychotropic medication as certified by the e a n b 24 supervising [licensed physician ] clinician;
uSB [9 Page 13 (2) has successfully undergone a process of .212247.1 - 14 - independent peer review approved by the board and the New Mexico medical boardboard; [of medical examiners];
[D.] E.
The board shall issue a prescription certificate if it finds that the applicant has met the requirements of Subsection [C ] D of this section.
e e 17 (1) continues to hold a current license to e e n d 18 practice psychology in New Mexico and continues to maintain = = l ] 19 malpractice insurance;
and a l r i 20 (2) annually satisfies the continuing t e a t education requirements for prescribing psychologists, as set by m m 21 e d r e 22 the board, which shall be no fewer than twenty hours each year.
c e r c 23 [E.] F.
The board shall promulgate rules providing efor aSB n9 bPage 2414 for the procedures to be followed in obtaining a conditional u [ prescription certificate, a prescription certificate and .212247.1 - 15 - renewals of a prescription certificate.
[F.] G.
A prescribing psychologist or a psychologist with a conditional prescription certificate may administer and e e 17 prescribe psychotropic medication within the recognized scope e e n d 18 of the profession, including the ordering and review of = = l ] 19 laboratory tests in conjunction with the prescription, for the a l r i 20 treatment of mental disorders.
t e a t B.
When prescribing psychotropic medication for a m m 21 e d r e 22 patient, the prescribing psychologist or the psychologist with c e r c 23 a conditional prescription certificate shall maintain an eSB a9 nPage b15 24 ongoing collaborative relationship with the health care u [ practitioner who oversees the patient's general medical care to .212247.1 - 16 - ensure that necessary medical examinations are conducted, the psychotropic medication is appropriate for the patient's medical condition and significant changes in the patient's medical or psychological condition are discussed.
The ongoing collaborative relationship shall be C.
The ongoing collaborative relationship shall be maintained pursuant to guidelines developed by the board and the New Mexico medical boardboard, [of medical examiners], which shall optimize patient care.
The guidelines shall ensure that the prescribing psychologist or the psychologist with a conditional prescription certificate and the [treating physician ] health care practitioner coordinate, and collaborate on, the care of the patient to provide optimal care.
Nothing in this subsection shall require a prescribing psychologist or psychologist with a conditional prescription certificate to give prior notice to or obtain prior approval from a health e e 17 care practitioner to prescribe psychotropic medication to a e e n d 18 patient with whom the prescribing psychologist has established = = l ] 19 a psychologist-patient relationship;
provided that the a l r i 20 psychologist provides written notice of the prescription to the t e a t health care practitioner within twenty-four hours of its m m 21 e d r e 22 issuance to such patient.
c e r c 23 E.
A committee composed of members of [boththe boards]board eSB a9 nPage b16 24 the board and the New Mexico medical board shall be established u [ and, pursuant to the guidelines, shall evaluate complaints.
.212247.1 - 17 - The committee shall report its findings and recommendations to each board for each board's appropriate actions.
[C.] F.
[D.] G.
e e 17 [E.] H.
When authorized to prescribe controlled e e n d 18 substances, a prescribing psychologist or a psychologist with a = = l ] 19 conditional prescription certificate shall file with the board a l r i 20 in a timely manner all individual federal drug enforcement t e a t [agency] administration registrations and numbers.
The board m m 21 e d r e 22 and the New Mexico medical board [of medical examiners] shall c e r c 23 maintain current records on every psychologist, including e a n b 24 federal registrations and numbers.
uSB [9 [F.]Page 17 I.
The board shall provide to the board of .212247.1 - 18 - pharmacy and the New Mexico medical board [of medical examiners] an annual list of prescribing psychologists and psychologists with conditional prescription certificates that contains the information agreed upon between the board, the New boardMexico [of medical examiners]board and the board of Mexico medical pharmacy.
[G.] J.
and (2) "health care practitioner" means a e e 17 physician, osteopathic physician, [or ] nurse practitioner, e e n d 18 physician assistant or clinical nurse specialistspecialist." ." = = l ] 19 SECTION 7.
A new section of the Nursing Practice Act is a l r i 20 enacted to read:
t"SUPERVISION e a t "[NEW MATERIAL] SUPERVISION OF PSYCHOLOGIST IN THE m m 21 e d r e 22 PRESCRIBING OF PSYCHOTROPIC MEDICATION BY NURSE PRACTITIONER OR c e r c 23 CLINICAL NURSE SPECIALIST.-- e a n b 24 A.
Subject to rules promulgated by the board, a uSB [9 Page 18 nurse practitioner or clinical nurse specialist may supervise a .212247.1 - 19 - psychologist in the prescribing of psychotropic medication pursuant to the Professional Psychologist Act.
"[NEW"PRESCRIPTION MATERIAL] PRESCRIPTION MONITORING PROGRAM--BOARD TO PROMULGATE RULES.--By January 1, 2020, the board shall promulgate rules to carry out the provisions of the prescription monitoring program established by Section 26-1-16.1 NMSA 1978 insofar as that program applies to prescribing psychologists." SECTION 9.
A new section of the Osteopathic Medicine Act e e 17 is enacted to read:
e"SUPERVISION e n d 18 "[NEW MATERIAL] SUPERVISION OF PSYCHOLOGIST IN THE = = l ] 19 PRESCRIBING OF PSYCHOTROPIC MEDICATION BY OSTEOPATHIC a l r i 20 PHYSICIAN.-- t e a t A.
Subject to rules promulgated by the board, an m m 21 e d r e 22 osteopathic physician may supervise a psychologist in the c e r c 23 prescribing of psychotropic medication pursuant to the e a n b 24 Professional Psychologist Act.
u [ B.
No later than January 1, 2020, the board shall .212247.1 - 20 - promulgate regulations for an osteopathic physician who SB 9 Page 19 supervises a psychologist in the prescribing of psychotropic medication pursuant to the Professional Psychologist Act." SECTION 10.
-SB 219 -Page 10 12 14 16 e e 17 e e n d 18 = = l ] 19 a l r i 20 t9 e25 a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .212247.1
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Action History
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Signed
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passed House
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DO PASS committee report adopted
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Sent to House Health & Human Services Committee
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passed Senate
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DO PASS committee report adopted
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Sent to Senate Judiciary Committee
Sponsors
- Mary Kay Papen · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 111 not signed on
Sponsors (1)
- Papen, Mary Kay
Co-sponsors (0)
None.
Not signed on (111)
111 members have not signed on to this bill.
Show all 111 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 9?
- SB 9 is sponsored by Papen, Mary Kay.
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- This bill has been enacted into law. Introduced January 16, 2019. Enacted.
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