S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1262--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. McDONALD, STECK, MORINELLO, LUPARDO, FAHY, SANTA-
   BARBARA,  SEAWRIGHT  --  Multi-Sponsored  by  -- M. of A. BLANKENBUSH,
   BRABENEC, HYNDMAN -- read once and referred to the Committee on Higher
   Education -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee

 AN  ACT  to  amend the education law, in relation to collaborative pres-
   criptive authority for psychologists
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 7601-b
 to read as follows:
   §  7601-B. COLLABORATIVE PRESCRIPTIVE AUTHORITY FOR PSYCHOLOGISTS.  1.
 AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE  FOLLOWING
 MEANINGS:
   A. "PRESCRIBING PSYCHOLOGIST" MEANS ANY PSYCHOLOGIST LICENSED PURSUANT
 TO  THIS ARTICLE WHO HAS UNDERGONE SPECIALIZED EDUCATION AND TRAINING IN
 PREPARATION FOR PRESCRIPTIVE PRACTICE AND WHO HAS PASSED AN  EXAMINATION
 ACCEPTED  BY  THE  DEPARTMENT  RELEVANT  TO  ESTABLISHING COMPETENCE FOR
 PRESCRIBING, AND WHO HAS RECEIVED FROM THE DEPARTMENT A  CERTIFICATE  OF
 PRESCRIPTIVE AUTHORITY, WHICH HAS NOT BEEN REVOKED OR SUSPENDED.
   B. "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 DEPARTMENT. PRESCRIPTIVE
 AUTHORITY INCLUDES ORDERING AND OBTAINING  NECESSARY  LABORATORY  TESTS,
 PROCEDURES, AND DIAGNOSTIC EXAMINATIONS.
   C.  "CONTROLLED  SUBSTANCE"  MEANS  ANY  DRUG  SUBSTANCE  OR IMMEDIATE
 PRECURSOR ENUMERATED IN SCHEDULES 1-5 OF THE UNITED STATES DRUG ENFORCE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01461-02-3
              

 A. 1262--A                          2
 
 MENT ADMINISTRATION CONTROLLED SUBSTANCE ACT  AND  AS  PROVIDED  FOR  IN
 ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW.
   D.  "CONDITIONAL  PRESCRIBING CERTIFICATION" MEANS A TWO-YEAR CLINICAL
 PRESCRIBING FELLOWSHIP PERIOD TO OBTAIN CLINICAL  EXPERIENCE  SUFFICIENT
 TO ATTAIN COMPETENCY IN THE PSYCHOPHARMACOLOGICAL TREATMENT OF A DIVERSE
 PATIENT POPULATION UTILIZING A COLLABORATIVE RELATIONSHIP WITH A COLLAB-
 ORATING  CLINICIAN  AND SHALL INCLUDE NO LESS THAN FOUR HUNDRED HOURS OF
 CLINICAL TRAINING SEEING AT LEAST ONE HUNDRED INDIVIDUAL PATIENTS DURING
 SUCH TIME PERIOD.
   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. "PSYCHOTROPIC MEDICATION" MEANS DRUGS OR CONTROLLED SUBSTANCES THAT
 ARE RECOGNIZED AS CUSTOMARILY USED  IN  THE  DIAGNOSIS,  TREATMENT,  AND
 MANAGEMENT  OF INDIVIDUALS WITH PSYCHIATRIC, MENTAL, COGNITIVE, NERVOUS,
 SUBSTANCE USE DISORDERS, EMOTIONAL OR BEHAVIORAL DISORDERS.  UNDER  THIS
 SECTION, PSYCHOTROPIC MEDICATION DOES NOT INCLUDE NARCOTICS.
   G.  "COLLABORATING  CLINICIAN" MEANS A LICENSED PHYSICIAN, OSTEOPATHIC
 PHYSICIAN, NURSE PRACTITIONER, PSYCHIATRIC NURSE PRACTITIONER  OR  CLIN-
 ICAL  NURSE  SPECIALIST  ENGAGED  IN  A  COLLABORATIVE  AGREEMENT WITH A
 PSYCHOLOGIST IN THE PRESCRIBING OF PSYCHOTROPIC MEDICATION.
   2. A. A PSYCHOLOGIST LICENSED UNDER THIS  ARTICLE  MAY  APPLY  TO  THE
 DEPARTMENT FOR CONDITIONAL PRESCRIBING CERTIFICATION IF THE PSYCHOLOGIST
 MEETS THE FOLLOWING REQUIREMENTS:
   (1)  A CURRENT LICENSE TO PRACTICE PSYCHOLOGY AT THE DOCTORAL LEVEL IN
 THIS STATE;
   (2) A MASTER'S DEGREE IN  CLINICAL  PSYCHOPHARMACOLOGY  AWARDED  BY  A
 PROGRAM  IN  A  REGIONALLY  ACCREDITED  INSTITUTION  OF HIGHER EDUCATION
 APPROVED BY  THE  UNITED  STATES  DEPARTMENT  OF  EDUCATION  AS  FURTHER
 DESCRIBED IN PARAGRAPH B OF THIS SUBDIVISION;
   (3)  SUCCESSFUL  COMPLETION OF CLINICAL PRACTICUM TRAINING IN PHYSICAL
 ASSESSMENT AND PATHOPHYSIOLOGY OF NO LESS THAN EIGHTY HOURS BY A  HEALTH
 CARE PROVIDER LICENSED TO CONDUCT INDEPENDENT PHYSICAL ASSESSMENTS;
   (4) A PASSING SCORE ON AN EXAMINATION DEVELOPED BY A NATIONALLY RECOG-
 NIZED BODY, AND APPROVED BY THE DEPARTMENT;
   (5)  POSSESSES  MALPRACTICE  INSURANCE  THAT  WILL COVER THE APPLICANT
 DURING THE PERIOD THE CONDITIONAL PRESCRIBING CERTIFICATE IS IN  EFFECT;
 AND
   (6)  MEETS  ALL  OTHER REQUIREMENTS, AS DETERMINED BY RULES ADOPTED BY
 THE DEPARTMENT.
   B. THE NECESSARY PREREQUISITES FOR  THE  EDUCATION  PROGRAM  SHALL  BE
 DETERMINED  BY  THE  INSTITUTION  THAT OFFERS SUCH MASTERS LEVEL DEGREES
 AND, IN THE INSTITUTION'S JUDGMENT, SHALL INCLUDE SUFFICIENT  BIOMEDICAL
 EDUCATION  TO  ENSURE  THE  NECESSARY  KNOWLEDGE AND SKILLS TO PRESCRIBE
 PSYCHOTROPIC MEDICATIONS IN A SAFE AND  EFFECTIVE  MANNER.  THE  PROGRAM
 SHALL SATISFY THE DESIGNATION REQUIREMENTS OF THE AMERICAN PSYCHOLOGICAL
 ASSOCIATION  FOR  CLINICAL  PSYCHOPHARMACOLOGY  EDUCATION  AND  TRAINING
 PROGRAMS. THE PROGRAM MUST BE ESTABLISHED AND ADMINISTERED  BY  BIOMEDI-
 CALLY TRAINED EDUCATORS AND MUST DEMONSTRATE THAT ALL CONTENT IS COVERED
 AND  THAT  STUDENTS  ACHIEVE CLINICAL COMPETENCY IN ALL AREAS, AND SHALL
 INCLUDE AT A MINIMUM:
   (1) SCIENCE PREREQUISITES, INCLUDING HUMAN ANATOMY AND HUMAN  PHYSIOL-
 OGY, AND A COURSE IN BIOLOGY;
   (2) BASIC SCIENCE, INCLUDING HUMAN ANATOMY, HUMAN PHYSIOLOGY, BIOCHEM-
 ISTRY, AND GENETICS;
 A. 1262--A                          3
 
   (3)  FUNCTIONAL NEUROSCIENCE, INCLUDING NEUROANATOMY, NEUROPHYSIOLOGY,
 AND NEUROCHEMISTRY;
   (4)  PHYSICAL  EXAMINATIONS, INCLUDING THE MEASUREMENT AND INTERPRETA-
 TION OF VITAL SIGNS AND NEUROLOGICAL, CARDIOVASCULAR, RESPIRATORY, ABDO-
 MINAL, EYE, EAR, NOSE, THROAT, GASTROINTESTINAL, GENITOURINARY,  INTEGU-
 MENTARY, ALLERGIC AND IMMUNOLOGIC, AND MUSCULOSKELETAL EXAMINATIONS;
   (5)  INTERPRETATION  OF  LABORATORY  TESTS, INCLUDING THERAPEUTIC DRUG
 MONITORING, BLOOD AND URINE TESTS, RADIOLOGY,  ELECTROCARDIOGRAM,  BRAIN
 ELECTROPHYSIOLOGY, NEUROIMAGING TECHNIQUES, AND APPLIED GENETICS;
   (6) PATHOLOGICAL BASIS OF DISEASE, INCLUDING PATHOPHYSIOLOGY OF COMMON
 CLINICAL  CARDIOVASCULAR, RESPIRATORY, GASTROINTESTINAL, HEPATIC, NEURO-
 LOGICAL, AND ENDOCRINE CONDITIONS;
   (7) CLINICAL MEDICINE, INCLUDING CLINICAL MANIFESTATIONS, DIFFERENTIAL
 DIAGNOSIS,  AND  LABORATORY  OR  RADIOLOGICAL  EVALUATION  OF   COMMONLY
 ENCOUNTERED  MEDICAL CONDITIONS, INCLUDING PATIENTS WITH COMPLEX MEDICAL
 NEEDS AND COMORBIDITIES, AND MEDICAL EMERGENCIES AND THEIR MANAGEMENT;
   (8) CLINICAL NEUROTHERAPEUTICS, INCLUDING ELECTROPHYSIOLOGY,  ELECTRO-
 CONVULSIVE THERAPY AND NONINVASIVE INTERVENTIONS, INCLUDING TRANSCRANIAL
 MAGNETIC STIMULATION, NEUROFEEDBACK, AND BIOFEEDBACK;
   (9) SYSTEMS OF CARE, INCLUDING COORDINATION OF CARE WITH OTHER MEDICAL
 SPECIALTIES, CONSULTATIONS AND REFERRALS, AND COORDINATION AND CONSULTA-
 TION IN LONG-TERM CARE;
   (10)   PHARMACOLOGY,  INCLUDING  PHARMACOKINETICS  AND  DRUG  DELIVERY
 SYSTEMS, PHARMACODYNAMICS, NEUROPHARMACOLOGY, TOXICOLOGY, AND MECHANISMS
 OF MEDICATION INTERACTIONS;
   (11) CLINICAL PHARMACOLOGY, INCLUDING MAJOR DRUG  CLASSES  AND  NUTRI-
 TIONAL SUPPLEMENTS;
   (12)  PSYCHOPHARMACOLOGY,  INCLUDING  SEDATIVES AND HYPNOTICS, ANTIDE-
 PRESSANTS, ANTIPSYCHOTICS, MOOD  STABILIZERS,  ANXIOLYTICS,  STIMULANTS,
 MEDICATIONS  FOR  DRUG DEPENDENCE, MEDICATIONS FOR DRUG ADVERSE EFFECTS,
 PEDIATRIC PSYCHOPHARMACOLOGY,  GERIATRIC  PSYCHOPHARMACOLOGY,  INCLUDING
 MEDICATIONS  FOR COGNITIVE IMPAIRMENT AND POLYPHARMACY, ISSUES OF DIVER-
 SITY AND CULTURAL COMPETENCE IN PHARMACOLOGICAL PRACTICE, CLINICAL DECI-
 SION  MAKING  AND  STANDARD  PRACTICE  GUIDELINES,  AND  GUIDELINES  FOR
 PRESCRIBING CONTROLLED SUBSTANCES;
   (13)  PSYCHOPHARMACOLOGY  RESEARCH,  INCLUDING PHASES OF DRUG DEVELOP-
 MENT,  CLINICAL  TRIALS  IN  PSYCHIATRY,  AND  CRITICAL  EVALUATION   OF
 EVIDENCE; AND
   (14)  PROFESSIONAL,  ETHICAL, AND LEGAL ISSUES, INCLUDING CONFLICTS OF
 INTEREST AND RELATIONSHIPS WITH THE INDUSTRY, SCOPE OF PRACTICE  ISSUES,
 DIVERSITY  AND  EQUITY  ISSUES RELATED TO TREATMENT ACCESS AND ADHERENCE
 AND   DOCUMENTATION,   INCLUDING   NOMENCLATURE,   ABBREVIATIONS,    AND
 PRESCRIPTION WRITING.
   C.  THE  DEPARTMENT  MAY  WAIVE CERTAIN REQUIREMENTS OF PARAGRAPH B OF
 THIS SUBDIVISION FOR APPLICANTS WHO HAVE OBTAINED RELEVANT TRAINING  AND
 EXPERIENCE  INCLUDING  PSYCHOLOGISTS  WHO  ARE DUALLY LICENSED AS PHYSI-
 CIANS, NURSE PRACTITIONERS, OR OTHER HEALTH PROFESSIONALS WITH  COMPARA-
 BLE PRESCRIPTIVE AUTHORITY IN THIS STATE.
   D. A CONDITIONAL PRESCRIBING CERTIFICATION SHALL BE VALID FOR A PERIOD
 OF  TWO  YEARS,  AT THE END OF WHICH THE HOLDER MAY RE-APPLY PURSUANT TO
 THE REQUIREMENTS OF PARAGRAPH A OF THIS SUBDIVISION. A PSYCHOLOGIST WITH
 A CONDITIONAL  PRESCRIPTION  CERTIFICATION  MAY  PRESCRIBE  PSYCHOTROPIC
 MEDICATIONS BUT ONLY WHEN MAINTAINING AN ONGOING COLLABORATIVE RELATION-
 SHIP  WITH  A  QUALIFIED  CLINICIAN  WHO  OVERSEES THE PATIENT'S GENERAL
 MEDICAL  CARE  TO  ENSURE  THAT  NECESSARY  MEDICAL   EXAMINATIONS   ARE
 CONDUCTED,  THE PSYCHOTROPIC MEDICATION IS APPROPRIATE FOR THE PATIENT'S
 A. 1262--A                          4
 
 MEDICAL CONDITION AND SIGNIFICANT CHANGES IN THE  PATIENT'S  MEDICAL  OR
 PSYCHOLOGICAL  CONDITION  ARE  DISCUSSED,  AND  SUBJECT TO THE FOLLOWING
 CONDITIONS:
   (1) THE PSYCHOLOGIST SHALL CONTINUE TO HOLD A CURRENT LICENSE TO PRAC-
 TICE  PSYCHOLOGY IN NEW YORK AND CONTINUE TO MAINTAIN MALPRACTICE INSUR-
 ANCE;
   (2) THE PSYCHOLOGIST SHALL NOTIFY THE DEPARTMENT OF THE  NAME  OF  THE
 PSYCHOLOGIST'S COLLABORATING CLINICIAN; AND
   (3)  THE  COLLABORATING  CLINICIAN  SHALL  NOTIFY  THE CLINICIAN'S OWN
 LICENSING BOARD OF THE NAME OF EACH PSYCHOLOGIST UTILIZING A  COLLABORA-
 TIVE AGREEMENT WITH THE COLLABORATING CLINICIAN.
   E. THE ONGOING COLLABORATIVE RELATIONSHIP SHALL BE MAINTAINED PURSUANT
 TO  GUIDELINES  DEVELOPED  BY  THE  DEPARTMENT  AND  THE STATE BOARD FOR
 PSYCHOLOGY, WHICH SHALL OPTIMIZE PATIENT CARE.
   F. THE GUIDELINES SHALL ENSURE THAT THE  PRESCRIBING  PSYCHOLOGIST  OR
 THE  PSYCHOLOGIST  WITH  A CONDITIONAL PRESCRIBING CERTIFICATION AND THE
 COLLABORATING CLINICIAN COORDINATE, AND COLLABORATE ON, THE CARE OF  THE
 PATIENT TO PROVIDE OPTIMAL CARE. NOTHING IN THIS PARAGRAPH SHALL REQUIRE
 A  PRESCRIBING PSYCHOLOGIST OR PSYCHOLOGIST WITH A CONDITIONAL PRESCRIB-
 ING CERTIFICATION TO GIVE PRIOR NOTICE TO OR OBTAIN PRIOR APPROVAL  FROM
 A  COLLABORATING  CLINICIAN  TO  PRESCRIBE  PSYCHOTROPIC MEDICATION TO A
 PATIENT  WITH  WHOM  THE  PRESCRIBING  PSYCHOLOGIST  HAS  ESTABLISHED  A
 PSYCHOLOGIST-PATIENT   RELATIONSHIP;   PROVIDED  THAT  THE  PSYCHOLOGIST
 PROVIDES WRITTEN NOTICE OF THE PRESCRIPTION TO THE COLLABORATING  CLINI-
 CIAN WITHIN TWENTY-FOUR HOURS OF ITS ISSUANCE TO SUCH PATIENT.
   G.  A  COLLABORATING  CLINICIAN  SHALL NOT BE LIABLE FOR THE ACTS OF A
 PSYCHOLOGIST WITH WHOM THERE IS A COLLABORATIVE RELATIONSHIP UNLESS  THE
 INJURY OR LOSS ARISES FROM THOSE ACTS UNDER THE DIRECTION AND CONTROL OF
 THE COLLABORATING CLINICIAN.
   3.  A.  A  PSYCHOLOGIST  LICENSED  UNDER  THIS ARTICLE MAY APPLY FOR A
 CERTIFICATE OF PRESCRIPTIVE AUTHORITY, AND THE  DEPARTMENT  SHALL  ISSUE
 SUCH  PRESCRIPTIVE  AUTHORITY  CERTIFICATION, IF THE APPLICANT MEETS THE
 FOLLOWING REQUIREMENTS:
   (1) POSSESSES A CONDITIONAL PRESCRIBING CERTIFICATION AND HAS SUCCESS-
 FULLY COMPLETED TWO YEARS OF PRESCRIBING PSYCHOTROPIC  MEDICATION  UNDER
 SUCH  CERTIFICATION.  AN  APPLICANT  FOR  A PRESCRIPTION CERTIFICATE WHO
 SPECIALIZES IN THE PSYCHOLOGICAL CARE OF CHILDREN, ELDERLY  PERSONS,  OR
 PERSONS  WITH  COMORBID PSYCHOLOGICAL CONDITIONS SHALL COMPLETE AT LEAST
 ONE YEAR PRESCRIBING PSYCHOTROPIC MEDICATIONS TO SUCH POPULATIONS  UNDER
 SUCH CONDITIONAL PRESCRIBING CERTIFICATION;
   (2) HOLDS A CURRENT LICENSE TO PRACTICE PSYCHOLOGY IN THIS STATE;
   (3) POSSESSES MALPRACTICE INSURANCE THAT WILL COVER THE APPLICANT AS A
 PRESCRIBING PSYCHOLOGIST; AND
   (4)  MEETS  ALL  OTHER REQUIREMENTS, AS DETERMINED BY RULES ADOPTED BY
 THE BOARD, FOR OBTAINING A CERTIFICATE OF PRESCRIPTIVE AUTHORITY.
   B. A PRESCRIBING PSYCHOLOGIST MAY  PRESCRIBE  PSYCHOTROPIC  MEDICATION
 PURSUANT TO THE PROVISIONS OF THIS TITLE SUBJECT TO THE FOLLOWING CONDI-
 TIONS:
   (1) CONTINUES TO HOLD A CURRENT LICENSE TO PRACTICE PSYCHOLOGY IN THIS
 STATE,  MAINTAINS  A  PRESCRIPTIVE AUTHORITY CERTIFICATION ISSUED BY THE
 DEPARTMENT, AND MAINTAINS MALPRACTICE INSURANCE;
   (2) ANNUALLY  SATISFIES  THE  CONTINUING  EDUCATION  REQUIREMENTS  FOR
 PRESCRIBING  PSYCHOLOGISTS, AS DETERMINED BY THE DEPARTMENT, WHICH SHALL
 BE NO FEWER THAN TWENTY-FIVE HOURS EACH YEAR; AND
   (3) COMPLIES WITH ANY OTHER RULES ADOPTED BY THE DEPARTMENT.
 A. 1262--A                          5
 
   C. THE DEPARTMENT MAY GRANT PRESCRIPTIVE AUTHORITY CERTIFICATION TO AN
 APPLICANT WHO  HAS  A  CURRENT  AND  UNRESTRICTED  LICENSE  TO  PRACTICE
 PSYCHOLOGY  AND A CURRENT AND UNRESTRICTED CERTIFICATION OF PRESCRIPTIVE
 AUTHORITY FROM ANOTHER STATE, OR TRAINING FROM THE UNITED STATES DEPART-
 MENT OF DEFENSE DEMONSTRATION PROJECT OR OTHER SIMILAR PROGRAM DEVELOPED
 AND OPERATED BY ANY BRANCH OF THE ARMED FORCES THAT IMPOSES SUBSTANTIAL-
 LY  EQUIVALENT  EDUCATIONAL AND TRAINING REQUIREMENTS AS THOSE CONTAINED
 IN THIS CHAPTER AND REQUIRED BY THE DEPARTMENT.
   4. A. THE DEPARTMENT 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 DEPARTMENT DEMONSTRATING THE COMPLETION OF
 TWENTY-FIVE HOURS OF CONTINUING EDUCATION INSTRUCTION RELEVANT TO  PRES-
 CRIPTIVE AUTHORITY DURING THE LICENSURE RENEWAL PERIOD.
   5.  A.  PRESCRIBING  PSYCHOLOGISTS  SHALL  BE AUTHORIZED TO PRESCRIBE,
 ADMINISTER,  DISCONTINUE  OR  DISTRIBUTE  WITHOUT   CHARGE,   DRUGS   OR
 CONTROLLED  SUBSTANCES  RECOGNIZED IN OR CUSTOMARILY USED IN THE DIAGNO-
 SIS, TREATMENT AND MANAGEMENT OF INDIVIDUALS 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 DEPARTMENT.
   B.  NO  PRESCRIBING PSYCHOLOGIST SHALL ISSUE A PRESCRIPTION UNLESS THE
 PSYCHOLOGIST HOLDS A VALID CERTIFICATE OF PRESCRIPTIVE AUTHORITY.
   C. EACH PRESCRIPTION ISSUED BY A PRESCRIBING PSYCHOLOGIST SHALL:
   (1) COMPLY WITH ALL APPLICABLE STATE AND FEDERAL LAWS AND  REGULATIONS
 RELATING TO SUCH PRESCRIPTION; AND
   (2)  BE  IDENTIFIED AS WRITTEN BY THE PRESCRIBING PSYCHOLOGIST IN SUCH
 MANNER AS DETERMINED BY THE DEPARTMENT IN ACCORDANCE WITH TITLE FOUR  OF
 ARTICLE 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.  A.  PRESCRIBING  PSYCHOLOGISTS SHALL FILE IN A TIMELY MANNER THEIR
 DRUG ENFORCEMENT AGENCY REGISTRATION AND NUMBER WITH THE DEPARTMENT.
   B. THE DEPARTMENT SHALL MAINTAIN CURRENT RECORDS OF EVERY PSYCHOLOGIST
 AUTHORIZED TO PRESCRIBE, INCLUDING HIS OR HER  DRUG  ENFORCEMENT  AGENCY
 REGISTRATION AND NUMBER.
   7.  THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS FOR DENYING,
 MODIFYING, SUSPENDING OR REVOKING THE PRESCRIPTIVE AUTHORITY OR  LICENSE
 OF  A  PSYCHOLOGIST  AUTHORIZED  TO PRESCRIBE. THE DEPARTMENT SHALL ALSO
 HAVE THE POWER TO REQUIRE REMEDIATION OF ANY DEFICIENCIES IN THE  TRAIN-
 ING  OR  PRACTICE  PATTERN  OF  THE  MEDICAL PSYCHOLOGIST OR PRESCRIBING
 PSYCHOLOGIST WHEN, IN THE JUDGMENT OF THE DEPARTMENT, SUCH  DEFICIENCIES
 COULD REASONABLY BE EXPECTED TO JEOPARDIZE THE HEALTH, SAFETY OR WELFARE
 OF THE PUBLIC.
   § 2. Section 7602 of the education law, as added by chapter 987 of the
 laws of 1971, is amended to read as follows:
   § 7602. State  board  for  psychology.    A state board for psychology
 shall be appointed by the board of  regents  on  recommendation  of  the
 commissioner  for  the purpose of assisting the board of regents and the
 department on matters of professional licensing and professional conduct
 in accordance with section sixty-five hundred eight of this title.   The
 board  shall  be composed of not less than eleven psychologists licensed
 A. 1262--A                          6
 
 in this state, AT LEAST TWO OF WHOM SHALL BE PRESCRIBING  PSYCHOLOGISTS.
 An  executive  secretary to the board shall be appointed by the board of
 regents upon the recommendation of  the  commissioner  and  shall  be  a
 psychologist, licensed in this state.
   §  3.  Subdivision 1 of section 7606 of the education law, as added by
 chapter 676 of the laws of 2002, is amended to read as follows:
   1. prescribing or administering drugs as defined in this chapter as  a
 treatment,  therapy,  or  professional service in the practice of his or
 her profession, EXCEPT AS PROVIDED  UNDER  SECTION  SEVENTY-SIX  HUNDRED
 ONE-B OF THIS ARTICLE; or
   §  4. 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.