HB 0443

HB 443 - AS INTRODUCED

AN ACT granting prescriptive authority to qualified psychologists.

SPONSORS: Rep. Kathleen Taylor, Straf 70; Rep. C. Laflamme, Hills 50

This bill grants the authority to issue prescriptions to psychologists qualified for a conditional prescription certificate.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT granting prescriptive authority to qualified psychologists.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Mental Health Practice; Psychologists; Prescriptive Authority. Amend RSA 330-A by inserting after section 16 the following new section:

I. A psychologist licensed under this chapter may apply to the board for a conditional prescription certificate. The application shall be made on a form approved by the board and be accompanied by evidence satisfactory to the board that the applicant:

(a) Has completed a doctoral program in psychology from an accredited institution of higher education or professional school, or, if the program was not accredited at the time of the applicant's graduation, that the program meets professional standards determined acceptable by the board;

(b) Has successfully completed pharmacological training from an institution of higher education approved by the board;

(c) Has passed a national certification examination approved by the board that tests the applicant's knowledge of pharmacology in the diagnosis, care and treatment of mental disorders;

(d) Within the 5 years immediately preceding the date of application, has successfully completed an organized program of education approved by the board and consisting of didactic instruction of no fewer than 450 classroom hours in at least the following core areas of instruction:

(e) Within the 5 immediately preceding the date of application, has been certified by the applicant's supervising psychiatrist or physician as having successfully completed a supervised and relevant clinical experience, approved by the board of no less than an 80 hour practicum in clinical assessment and pathophysiology and an additional supervised practicum of at least 400 hours treating no fewer than 100 patients with mental disorders, the practica to have been supervised by a psychiatrist or other appropriately trained physician and determined by the board to be sufficient to competently train the applicant in the treatment of a diverse patient population;

(f) Has malpractice insurance in place, sufficient to satisfy the rules adopted by the board that will cover the applicant during the period the conditional prescription certificate is in effect; and

(g) Meets all other requirements, as determined by rule adopted by the board, for obtaining a conditional prescription certificate.

II. The board shall issue a conditional prescription certificate if it finds that the applicant has met the requirements of paragraph I. The certificate shall be valid for a period of 2 years, at the end of which the holder may again apply pursuant to the provisions of paragraph I. A psychologist with a conditional prescription certificate may prescribe psychotropic medication under the supervision of a licensed physician subject to the following conditions:

(a) The psychologist shall continue to hold a current license to practice psychology in New Hampshire and continue to maintain malpractice insurance;

(b) The psychologist shall inform the board of the name of the physician under whose supervision the psychologist will prescribe psychotropic medication and promptly inform the board of any change of the supervising physician; and

(c) A physician supervising a psychologist prescribing psychotropic medication pursuant to a conditional prescription certificate shall inform the board and the New Hampshire board of medicine that he or she is supervising the psychologist. The physician shall be individually responsible for the acts and omissions of the psychologist while under supervision. This provision shall not relieve the psychologist from liability for his or her acts and omissions.

III. A psychologist may apply to the board for a prescription certificate. The application shall be made on a form approved by the board in rules adopted under RSA 541-A and be accompanied by evidence satisfactory to the board that the applicant:

(a) Has been issued a conditional prescription certificate and has successfully completed 2 years of prescribing psychotropic medication as certified by the supervising licensed physician;

(b) Has successfully undergone a process of independent peer review approved by the board;

(d) Has malpractice insurance in place, sufficient to satisfy the rules adopted by the board, that will cover the applicant as a prescribing psychologist; and

(e) Meets all other requirements, as determined by rules of the board, for obtaining a prescription certificate.

IV. The board shall issue a prescription certificate if it finds that the applicant has met the requirements of paragraph III. A psychologist with a prescription certificate may prescribe psychotropic medication if the psychologist:

(a) Continues to hold a current license to practice psychology in New Hampshire and continues to maintain malpractice insurance; and

(b) Annually satisfies the continuing education requirements for prescribing psychologists, as set by the board, which shall be no fewer than 20 hours each year.

V. The board shall adopt rules, under RSA 541-A, providing for the procedures to be followed in obtaining a conditional prescription certificate, a prescription certificate and renewals of a prescription certificate. The board may set reasonable application and renewal fees.

VI. The board shall adopt rules, under RSA 541-A, establishing the grounds for denial, suspension, or revocation of conditional prescription certificates and prescription certificates authorized to be issued pursuant to this section, including a provision for suspension or revocation of a license to practice psychology upon suspension or revocation of a certificate. Actions of denial, suspension or revocation of a certificate shall be in accordance with this chapter.

2 Dealing in or Possessing Prescription Drugs; Psychologists Added. Amend RSA 318:42, II to read as follows:

II. Physicians, dentists, optometrists, podiatrists, veterinarians, advanced registered nurse practitioners, [~~and~~] physician assistants, and psychologists who hold a conditional prescription certificate under RSA 330-A:16-a, from possessing, compounding, personally administering, or distributing prescription drugs to meet the immediate medical needs of their patients. For advanced registered nurse practitioners and physician assistants, compounding shall be limited according to RSA 318:42, VIII. Nothing in this section shall prohibit the dispensing of noncontrolled prescription drugs by an authorized agent of a veterinarian for an animal under the agent's care, provided that the drugs were compounded by or under the supervision of the licensed veterinarian.