S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    409
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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:
   § 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00589-02-9

 S. 409                              2
 
 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
 PSYCHOLOGISTS CERTIFIED PURSUANT TO SECTION SEVENTY-SIX HUNDRED ONE-B OF
 THIS ARTICLE, THE PRESCRIPTION OF DRUGS.
   §  2.  The  education law is amended by adding a new section 7601-b to
 read as follows:
   § 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,

 S. 409                              3
 
 NEUROSCIENCES, CLINICAL AND RESEARCH PHARMACOLOGY AND  PSYCHOPHARMACOLO-
 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;

 S. 409                              4
 
   (II)  THE  PSYCHOLOGIST'S IDENTIFICATION NUMBER ASSIGNED BY THE BOARD;
 AND
   (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.
   § 3. This act shall take effect on the first of January next  succeed-
 ing  the date on which it shall have become a law.  Effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.