S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3205
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M. of A. McDONALD, GOTTFRIED, STECK, MORINELLO, LUPARDO,
   FAHY, SANTABARBARA, SEAWRIGHT -- Multi-Sponsored by -- M. of A. BLANK-
   ENBUSH, BRABENEC, HYNDMAN -- read once and referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01866-01-1

 A. 3205                             2
 
 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
 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

 A. 3205                             3
 
 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,
 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;

 A. 3205                             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 and directed to be made  and  completed  on  or  before  such
 effective date.