S T A T E   O F   N E W   Y O R K
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                                  9236

                          I N  A S S E M B L Y

                            February 4, 2016
                               ___________

Introduced by M. of A. McDONALD -- read once and referred to the Commit-
  tee 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.
                                                           LBD06200-01-5
              

A. 9236                             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,

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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.

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  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.