senate Bill S7488

2013-2014 Legislative Session

Provides for the certification of psychologists to prescribe drugs

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 15, 2014 referred to higher education

S7488 - Bill Details

Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Amd §7601-a, add §7601-b, Ed L

S7488 - Bill Texts

view summary

Provides for the certification of psychologists to prescribe drugs.

view sponsor memo
BILL NUMBER:S7488 REVISED MEMO 05/27/2014

TITLE OF BILL: An act to amend the education law, in relation to
granting licensed psychologists prescriptive authority

PURPOSE:

To allow certain licensed psychologists to prescribe medication.

SUMMARY OF PROVISIONS:

Section 1 amends section 7601-a of the Education Law to include
prescription of appropriate drugs as within the definition of the
practice of psychology.

Section 2 adds a new section 7601-b to the Education Law.

Section 3 provides that this act shall take effect on the first of
January next succeeding the date on which it shall have become a law;
provided, however, that effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.

JUSTIFICATION:

Doctor shortages and inadequate care options have created a very
dangerous mental healthcare crisis in New York State. With resources
stretched to the limit, psychiatrists and other prescribing mental
health professionals are in short supply and the demand far exceeds
the capabilities of the existing network.

Under this legislation, prescribing psychologists will work
collaboratively with their patients as well as with all of the other
healthcare providers in the community and conduct a thorough review of
a patient's history and symptom presentation. If they determine that
medication may be appropriate for treatment, they will prescribe that
medication but may also recommend a combination of psychotherapy and
pharmacotherapy.

Due to shortages in these types of healthcare providers, more people
will be able to get the care they need.

RxP has been an unequivocal success in New Mexico and Louisiana where
psychologists are prescribing. Overwhelmingly, primary care physicians
report working with prescribing psychologists to be of great benefit
to them. It is of note that United States military and civilian
psychologists, who are currently permitted to prescribe, have written
hundreds of thousands of prescriptions without a single complaint or
malpractice case in 20 years of work.

Prescribing psychologists are dedicated to the highest professional
standards. They spend four times as many didactic hours on the study
of Clinical Psychopharmacology than primary care physicians.

The prescriptive authority of psychologists is limited to the
medications that treat the mental illnesses and the behavioral


disorders. The history of prescribing psychologists is that they
prescribe 60-70% fewer medications than other health prescribers.
Moreover, they will be more likely, than other health prescribers, to
"unprescribe" medications because they are aware of behavioral
therapeutic strategies that can be more effective than medications,
thus reducing side effect complications.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the
date on which it shall have become a law; provided, however, that
effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7488

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law,  in  relation  to  granting  licensed
  psychologists prescriptive authority

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 7601-a of the education law, as  added  by  chapter
676 of the laws of 2002, is amended to read as follows:
  S 7601-a. Definition of the practice of psychology. 1. The practice of
psychology  is the observation, description, evaluation, interpretation,
and modification of behavior for the purpose of preventing or  eliminat-
ing  symptomatic, maladaptive or undesired behavior; enhancing interper-
sonal relationships, personal, group or organizational effectiveness and
work and/or life adjustment;  and  improving  behavioral  health  and/or
mental  health.  The practice includes, but is not limited to psycholog-
ical (including neuropsychological) testing and counseling;  psychoanal-
ysis;  psychotherapy;  the  diagnosis  and treatment of mental, nervous,
emotional, cognitive or behavioral disorders, disabilities, ailments  or
illnesses,  alcoholism,  substance abuse, disorders of habit or conduct,
the psychological aspects of physical illness, accident, injury or disa-
bility, psychological aspects of  learning  (including  learning  disor-
ders);  [and]  the  use  of  accepted  classification  systems;  AND THE
PRESCRIPTION OF APPROPRIATE DRUGS IN ACCORDANCE WITH SECTION SEVENTY-SIX
HUNDRED ONE-B OF THIS ARTICLE.  THE PRESCRIPTION OF DRUGS BY A  PSYCHOL-
OGIST  IS  AUTHORIZED  ONLY IN ACCORDANCE WITH THE PROVISIONS OF SECTION
SEVENTY-SIX HUNDRED ONE-B OF THIS ARTICLE AND THE REGULATIONS PROMULGAT-
ED PURSUANT THERETO.
  2. The term "diagnosis and treatment" means the appropriate psycholog-
ical diagnosis and the ordering or providing of treatment  according  to
need. Treatment includes, but is not limited to counseling, psychothera-
py,  marital  or family therapy, psychoanalysis, and other psychological
interventions, including verbal, behavioral, or other appropriate  means
as  defined  in  regulations  promulgated  by  the commissioner; AND FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15231-01-4

S. 7488                             2

PSYCHOLOGISTS CERTIFIED PURSUANT TO SECTION SEVENTY-SIX HUNDRED ONE-B OF
THIS ARTICLE, THE PRESCRIPTION OF DRUGS.
  S  2.  The  education law is amended by adding a new section 7601-b to
read as follows:
  S 7601-B. CERTIFICATION TO USE THERAPEUTIC DRUGS.  1. DEFINITIONS.  AS
USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
  A. "BOARD" MEANS THE STATE BOARD FOR PSYCHOLOGY.
  B.  "CONTROLLED  SUBSTANCE"  MEANS  ANY  DRUG  SUBSTANCE  OR IMMEDIATE
PRECURSOR ENUMERATED IN SCHEDULES  1-5  OF  THE  U.S.  DRUG  ENFORCEMENT
ADMINISTRATION  CONTROLLED  SUBSTANCE ACT AND AS PROVIDED FOR IN ARTICLE
THIRTY-THREE OF THE PUBLIC HEALTH LAW.
  C. "PSYCHOLOGISTS AUTHORIZED  TO  PRESCRIBE"  MEANS  ANY  PSYCHOLOGIST
LICENSED  PURSUANT  TO THIS ARTICLE WHO HAS UNDERGONE SPECIALIZED EDUCA-
TION AND TRAINING IN PREPARATION FOR PRESCRIPTIVE PRACTICE AND  WHO  HAS
PASSED  AN  EXAMINATION  ACCEPTED  BY THE BOARD RELEVANT TO ESTABLISHING
COMPETENCE FOR PRESCRIBING, AND  WHO  HAS  RECEIVED  FROM  THE  BOARD  A
CERTIFICATE  GRANTING PRESCRIPTIVE AUTHORITY, WHICH HAS NOT BEEN REVOKED
OR SUSPENDED.
  D. "CLINICAL EXPERIENCE" MEANS A PERIOD OF SUPERVISED CLINICAL  TRAIN-
ING  AND  PRACTICE  IN  WHICH  CLINICAL  DIAGNOSES AND INTERVENTIONS ARE
LEARNED AND WHICH ARE CONDUCTED AND SUPERVISED AS PART OF  THE  TRAINING
PROGRAM.
  E.  "PRESCRIPTION"  IS  AN  ORDER  FOR A DRUG, LABORATORY TEST, OR ANY
MEDICINE, DEVICE OR TREATMENT,  INCLUDING  CONTROLLED  SUBSTANCES,  SUCH
TERMS AS DEFINED IN ARTICLE ONE HUNDRED THIRTY-SEVEN OF THIS TITLE.
  F. "PRESCRIPTIVE AUTHORITY" MEANS THE AUTHORITY TO PRESCRIBE, ADMINIS-
TER,  DISCONTINUE  AND/OR DISTRIBUTE WITHOUT CHARGE, DRUGS OR CONTROLLED
SUBSTANCES RECOGNIZED IN OR CUSTOMARILY USED IN THE DIAGNOSIS, TREATMENT
AND MANAGEMENT OF INDIVIDUALS WITH PSYCHIATRIC, MENTAL, COGNITIVE, NERV-
OUS, EMOTIONAL OR BEHAVIORAL DISORDERS,  OR  OTHER  PROCEDURES  DIRECTLY
RELATED THERETO WITHIN THE SCOPE OF PRACTICE OF PSYCHOLOGY IN ACCORDANCE
WITH RULES AND REGULATIONS ADOPTED BY THE BOARD.
  2. CERTIFICATION. A. THE BOARD SHALL CERTIFY LICENSED PSYCHOLOGISTS TO
EXERCISE PRESCRIPTIVE AUTHORITY IN ACCORDANCE WITH THE APPLICABLE FEDER-
AL  LAWS, AND THE PROVISIONS OF ARTICLE ONE HUNDRED THIRTY-SEVEN OF THIS
TITLE AND ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW.
  B. THE BOARD SHALL DEVELOP AND IMPLEMENT PROCEDURES FOR REVIEWING  THE
EDUCATION  AND  TRAINING  CREDENTIALS FOR SUCH CERTIFICATION PROCESS, IN
ACCORDANCE WITH THE STANDARDS OF PROFESSIONAL PRACTICE.
  3. INITIAL APPLICATION  REQUIREMENTS  FOR  PRESCRIPTIVE  AUTHORITY.  A
PSYCHOLOGIST LICENSED PURSUANT TO THIS ARTICLE WHO APPLIES FOR PRESCRIP-
TIVE  AUTHORITY SHALL DEMONSTRATE ALL OF THE FOLLOWING BY OFFICIAL TRAN-
SCRIPT OR OTHER OFFICIAL EVIDENCE SATISFACTORY TO THE BOARD:
  A. THE PSYCHOLOGIST MUST HOLD A CURRENT  LICENSE  ISSUED  PURSUANT  TO
THIS  ARTICLE  TO  PROVIDE HEALTH CARE SERVICES AS A PSYCHOLOGIST IN THE
STATE;
  B. AS DEFINED BY THE BOARD, AND CONSISTENT WITH THE ESTABLISHED  POLI-
CIES  OF THE AMERICAN PSYCHOLOGICAL ASSOCIATION FOR EDUCATING AND TRAIN-
ING PSYCHOLOGISTS IN PREPARATION FOR PRESCRIPTIVE AUTHORITY:
  (I) THE PSYCHOLOGIST MUST HAVE  COMPLETED  AN  ORGANIZED  SEQUENCE  OF
STUDY IN AN ORGANIZED PROGRAM OFFERING INTENSIVE DIDACTIC EDUCATION, AND
INCLUDING  THE FOLLOWING CORE AREAS OF INSTRUCTION: BASIC LIFE SCIENCES,
NEUROSCIENCES, CLINICAL AND RESEARCH PHARMACOLOGY AND  PSYCHOPHARMACOLO-
GY, CLINICAL MEDICINE AND PATHOPHYSIOLOGY, PHYSICAL ASSESSMENT AND LABO-
RATORY  EXAMS,  CLINICAL  PHARMACOTHERAPEUTICS,  RESEARCH, PROFESSIONAL,

S. 7488                             3

ETHICAL AND LEGAL ISSUES. THE DIDACTIC PORTION OF  THE  EDUCATION  SHALL
CONSIST OF AN APPROPRIATE NUMBER OF DIDACTIC HOURS TO ENSURE ACQUISITION
OF  THE NECESSARY KNOWLEDGE AND SKILLS TO PRESCRIBE IN A SAFE AND EFFEC-
TIVE MANNER; AND
  (II)  THE PSYCHOLOGIST MUST HAVE OBTAINED RELEVANT CLINICAL EXPERIENCE
SUFFICIENT TO ATTAIN COMPETENCY IN THE  PSYCHOPHARMACOLOGICAL  TREATMENT
OF A DIVERSE PATIENT POPULATION UNDER THE DIRECTION OF QUALIFIED PRACTI-
TIONERS AS DETERMINED BY THE BOARD;
  C. THE PSYCHOLOGIST MUST PASS AN EXAMINATION DEVELOPED BY A NATIONALLY
RECOGNIZED BODY (E.G., THE AMERICAN PSYCHOLOGICAL ASSOCIATION'S PRACTICE
ORGANIZATION'S  COLLEGE  OF PROFESSIONAL PSYCHOLOGY) AND APPROVED BY THE
BOARD.
  4. RENEWAL OF PRESCRIPTIVE AUTHORITY.  A. THE BOARD SHALL PRESCRIBE BY
RULE A METHOD FOR THE RENEWAL OF PRESCRIPTIVE AUTHORITY AT THE  TIME  OF
OR  IN  CONJUNCTION WITH THE RENEWAL OF LICENSES ISSUED PURSUANT TO THIS
ARTICLE.
  B. EACH APPLICANT FOR RENEWAL OF PRESCRIPTIVE AUTHORITY SHALL  PRESENT
SATISFACTORY EVIDENCE TO THE BOARD DEMONSTRATING THE COMPLETION OF TWEN-
TY-FIVE  CONTACT  HOURS  OF CONTINUING EDUCATION INSTRUCTION RELEVANT TO
PRESCRIPTIVE AUTHORITY DURING THE PREVIOUS LICENSURE RENEWAL PERIOD.
  5. PRESCRIBING PRACTICES.   A. PSYCHOLOGISTS AUTHORIZED  TO  PRESCRIBE
SHALL   BE  AUTHORIZED  TO  PRESCRIBE,  ADMINISTER,  DISCONTINUE  AND/OR
DISTRIBUTE WITHOUT CHARGE, DRUGS OR CONTROLLED SUBSTANCES RECOGNIZED  IN
OR  CUSTOMARILY USED IN THE DIAGNOSIS, TREATMENT AND MANAGEMENT OF INDI-
VIDUALS WITH  PSYCHIATRIC,  MENTAL,  COGNITIVE,  NERVOUS,  EMOTIONAL  OR
BEHAVIORAL  DISORDERS  AND  RELEVANT  TO  THE PRACTICE OF PSYCHOLOGY, OR
OTHER PROCEDURES DIRECTLY RELATED THERETO WITHIN THE SCOPE  OF  PRACTICE
OF  PSYCHOLOGY  IN  ACCORDANCE WITH RULES AND REGULATIONS ADOPTED BY THE
BOARD.
  B. NO PSYCHOLOGIST SHALL ISSUE A PRESCRIPTION UNLESS THE  PSYCHOLOGIST
HOLDS A VALID CERTIFICATE OF PRESCRIPTIVE AUTHORITY.
  C. EACH PRESCRIPTION ISSUED BY A PRESCRIBING PSYCHOLOGIST SHALL:
  (I)  COMPLY WITH ALL APPLICABLE STATE AND FEDERAL LAWS AND REGULATIONS
RELATING TO SUCH PRESCRIPTION; AND
  (II) BE IDENTIFIED AS WRITTEN BY THE PRESCRIBING PSYCHOLOGIST IN  SUCH
MANNER AS DETERMINED BY THE BOARD IN ACCORDANCE WITH TITLE FOUR OF ARTI-
CLE THIRTY-THREE OF THE PUBLIC HEALTH LAW.
  D.  A RECORD OF ALL PRESCRIPTIONS SHALL BE MAINTAINED IN THE PATIENT'S
RECORD.
  E. A PSYCHOLOGIST SHALL NOT DELEGATE THE AUTHORITY TO PRESCRIBE  DRUGS
TO ANY OTHER PERSON.
  6. CONTROLLED SUBSTANCE PRESCRIPTIVE AUTHORITY. A.  WHEN AUTHORIZED TO
PRESCRIBE  CONTROLLED  SUBSTANCES, PSYCHOLOGISTS AUTHORIZED TO PRESCRIBE
SHALL FILE IN A TIMELY MANNER THEIR DRUG ENFORCEMENT AGENCY REGISTRATION
AND NUMBER WITH THE BOARD.
  B. THE BOARD SHALL MAINTAIN  CURRENT  RECORDS  OF  EVERY  PSYCHOLOGIST
AUTHORIZED  TO  PRESCRIBE,  INCLUDING HIS OR HER DRUG ENFORCEMENT AGENCY
REGISTRATION AND NUMBER.
  7. INTERACTION WITH THE STATE BOARD OF PHARMACY. A.  THE  BOARD  SHALL
TRANSMIT TO THE STATE BOARD OF PHARMACY AN INITIAL LIST OF PSYCHOLOGISTS
AUTHORIZED TO PRESCRIBE CONTAINING THE FOLLOWING INFORMATION:
  (I) THE NAME OF THE PSYCHOLOGIST;
  (II)  THE  PSYCHOLOGIST'S IDENTIFICATION NUMBER ASSIGNED BY THE BOARD;
AND
  (III) THE EFFECTIVE DATE OF PRESCRIPTIVE AUTHORITY.

S. 7488                             4

  B. THE BOARD SHALL PROMPTLY FORWARD TO THE STATE BOARD OF PHARMACY ANY
ADDITIONS TO THE INITIAL LIST AS NEW CERTIFICATES ARE ISSUED.
  C.  THE  BOARD  SHALL  NOTIFY  THE STATE BOARD OF PHARMACY IN A TIMELY
MANNER UPON TERMINATION, SUSPENSION OR REINSTATEMENT OF A PSYCHOLOGIST'S
PRESCRIPTIVE AUTHORITY.
  8. POWERS AND DUTIES OF THE BOARD.  THE BOARD SHALL  PROMULGATE  RULES
AND REGULATIONS FOR DENYING, MODIFYING, SUSPENDING OR REVOKING THE PRES-
CRIPTIVE AUTHORITY OR LICENSE OF A PSYCHOLOGIST AUTHORIZED TO PRESCRIBE.
THE  BOARD SHALL ALSO HAVE THE POWER TO REQUIRE REMEDIATION OF ANY DEFI-
CIENCIES IN THE TRAINING OR PRACTICE PATTERN OF THE MEDICAL PSYCHOLOGIST
OR PRESCRIBING PSYCHOLOGIST WHEN, IN THE JUDGMENT  OF  THE  BOARD,  SUCH
DEFICIENCIES  COULD  REASONABLY  BE  EXPECTED  TO JEOPARDIZE THE HEALTH,
SAFETY OR WELFARE OF THE PUBLIC.
  S 3. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act  on  its
effective  date  are authorized and directed to be made and completed on
or before such effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.