New Mexico SB 9: PSYCHOLOGIST PRESCRIPTION CERTIFICATES

Bill Text

SB0009 

SENATE BILL 9

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Mary Kay Papen

AN ACT

RELATING TO HEALTH CARE; UPDATING PROVISIONS OF THE 
PROFESSIONAL PSYCHOLOGIST ACT RELATING TO PRESCRIBING 
PSYCHOLOGISTS AND PSYCHOLOGISTS WITH A CONDITIONAL PRESCRIPTION 
CERTIFICATE; REPEALING A SECTION OF THE PROFESSIONAL 
PSYCHOLOGIST ACT TO ELIMINATE THE PURPOSE SECTION; DECLARING AN 
EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

 SECTION 1. Section 61-9-3 NMSA 1978 (being Laws 1963, 
Chapter 92, Section 3, as amended) is amended to read:

 "61-9-3. DEFINITIONS.--As used in the Professional 
Psychologist Act:

 A. "board" means the New Mexico state board of 
psychologist examiners;

 B. "conditional prescription certificate" means a 
document issued by the board to a licensed psychologist that 
permits the holder to prescribe psychotropic medication under 
the supervision of a [licensed physician] supervising clinician 
pursuant to the Professional Psychologist Act;

 C. "independently licensed prescribing clinician" 
means a licensed physician, osteopathic physician, nurse 
practitioner, psychiatric nurse practitioner or clinical nurse 
specialist;

 [C.] D. "person" includes an individual, firm, 
partnership, association or corporation;

 [D.] E. "prescribing psychologist" means a licensed 
psychologist who holds a valid prescription certificate;

 [E.] F. "prescription certificate" means a document 
issued by the board to a licensed psychologist that permits the 
holder to prescribe psychotropic medication pursuant to the 
Professional Psychologist Act;

 [F.] G. "psychotropic medication" means a 
controlled substance or dangerous drug that may not be 
dispensed or administered without a prescription and whose 
primary indication for use has been approved by the federal 
food and drug administration for the treatment of mental 
disorders [and] or is listed as a psychotherapeutic agent in 
Drug Facts and Comparisons 2017, or the most recent edition of 
that book, or in [the] American Hospital Formulary Service Drug 
Information;

 [G.] H. "psychologist" means a person who engages 
in the practice of psychology or holds [himself] the person's 
self out to the public by any title or description of services 
representing [himself] the person as a psychologist, which 
incorporates the words "psychological", "psychologist", 
"psychology", or when a person describes [himself] the person's 
self as above and, under such title or description, offers to 
render or renders services involving the application of 
principles, methods and procedures of the science and 
profession of psychology to persons for compensation or other 
personal gain;

 [H.] I. "practice of psychology" means the 
observation, description, evaluation, interpretation and 
modification of human behavior by the application of 
psychological principles, methods and procedures for the 
purpose of preventing or eliminating symptomatic, maladaptive 
or undesired behavior and of enhancing interpersonal 
relationships, work and life adjustment, personal 
effectiveness, behavioral health and mental health, and further 
means the rendering of such psychological services to 
individuals, families or groups regardless of whether payment 
is received for services rendered. The practice of psychology 
includes psychological testing or neuropsychological testing 
and the evaluation or assessment of personal characteristics 
such as intelligence, personality, abilities, interests, 
aptitudes and neuropsychological functioning; counseling, 
psychoanalysis, psychotherapy, hypnosis, biofeedback, behavior 
analysis and therapy; diagnosis and treatment of [any] a mental 
and emotional disorder or disability, alcoholism and substance 
abuse, disorders of habit or conduct and the psychological 
aspects of physical illness, accident, injury and disability; 
and psychoeducational evaluation, therapy, remediation and 
consultation; [and

 I.] J. "school" or "college" means a university or 
other institution of higher education that is regionally 
accredited and that offers a full-time graduate course of study 
in psychology as defined by rule of the board or that is 
approved by the American psychological association; and

 K. "supervising clinician" means a licensed 
physician, osteopathic physician, nurse practitioner, 
psychiatric nurse practitioner or clinical nurse specialist who 
is supervising a psychologist in the prescribing of 
psychotropic medication."

 SECTION 2. Section 61-9-10 NMSA 1978 (being Laws 1963, 
Chapter 92, Section 9, as amended) is amended to read:

 "61-9-10. LICENSURE OF PSYCHOLOGISTS FROM OTHER AREAS--RECIPROCITY.--Subject to the provisions of Section 61-9-10.1 
NMSA 1978, upon application accompanied by a fee as required by 
the Professional Psychologist Act, the board may, without 
written or oral examination, issue a license to a person who 
furnishes, upon a form and in such manne