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

                                  5824

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 5, 2015
                               ___________

Introduced  by  Sen.  LANZA  -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06200-01-5
              

S. 5824                             2

interventions, including verbal, behavioral, or other appropriate  means
as  defined  in  regulations  promulgated  by  the commissioner; AND FOR
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-

S. 5824                             3

GY, CLINICAL MEDICINE AND PATHOPHYSIOLOGY, PHYSICAL ASSESSMENT AND LABO-
RATORY  EXAMS,  CLINICAL  PHARMACOTHERAPEUTICS,  RESEARCH, PROFESSIONAL,
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

S. 5824                             4

  (III) THE EFFECTIVE DATE OF PRESCRIPTIVE AUTHORITY.
  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.