73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 947
 
                         Senate Bill 407
 
Sponsored by Senators NELSON, WALKER, Representatives BARNHART,
  BUTLER
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Authorizes certain psychologists to prescribe drugs on approved
formulary. Establishes Council on Psychologist Formulary to
determine formulary. Requires State Board of Psychologist
Examiners to adopt standards for psychologists seeking
prescriptive authority. Authorizes imposition of fees for
certificates of prescriptive authority.
 
                        A BILL FOR AN ACT
Relating to prescriptive authority for psychologists; creating
  new provisions; and amending ORS 675.110.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 3 of this 2005 Act are added to
and made a part of ORS 675.010 to 675.150. + }
  SECTION 2.  { + (1) A licensed psychologist is authorized to
prescribe drugs for the use of and administration to other
persons if the licensed psychologist holds a valid certificate of
prescriptive authority issued under this section.
  (2) The State Board of Psychologist Examiners shall adopt by
rule competency standards that must be met by a licensed
psychologist who desires to prescribe drugs listed on the
formulary described in section 3 of this 2005 Act.
  (3) The standards adopted by the board under subsection (2) of
this section shall include, but need not be limited to:
  (a) A total of 350 post-licensure hours of classroom study in
neuroscience, pharmacology, psychopharmacology, physiology,
pathophysiology, physical and laboratory assessment and clinical
pharmacotherapeutics;
  (b) Completion of a supervised clinical practicum treating at
least 100 patients with mental disorders; and
  (c) Passing a national certification exam in psychopharmacology
as specified by the board by rule.
  (4) After an applicant provides evidence satisfactory to the
board of having met the competency standards established under
this section and has paid any required fees, the board shall
issue a certificate of prescriptive authority to the qualified
applicant. + }
  SECTION 3.  { + (1) The Council on Psychologist Formulary is
established and shall consist of seven members appointed as
follows:
 
  (a) One member of the State Board of Psychologist Examiners
appointed by the State Board of Psychologist Examiners;
  (b) One psychologist licensed under ORS 675.010 to 675.150 who
is not a member of the State Board of Psychologist Examiners and
is appointed by the State Board of Psychologist Examiners;
  (c) Two pharmacists licensed under ORS chapter 689 appointed by
the State Board of Psychologist Examiners;
  (d) One physician licensed under ORS chapter 677 appointed by
the Board of Medical Examiners for the State of Oregon; and
  (e) Two public members appointed by the council.
  (2) The chair of the council shall be elected by a majority of
the council members.
  (3) The council established under subsection (1) of this
section shall determine the substances to be included in the
formulary that may be prescribed by a licensed psychologist
acting under section 2 of this 2005 Act, including controlled
substances listed in schedules II, III, IIIN, IV and V. The
council shall review the formulary periodically. Immediately upon
adoption or revision of the formulary, the council shall transmit
the approved formulary to the State Board of Psychologist
Examiners, which must adopt the formulary as transmitted.
  (4) The term of each council member shall be two years. A
council member shall serve until a successor is appointed. If a
vacancy occurs, it shall be filled for the unexpired term by a
person with the same qualifications as a departing council
member.
  (5) Any council member who fails to attend two consecutive
meetings of the council shall forfeit office unless the council
member is prevented from attending by serious illness of the
council member or of a member of the council member's family.
  (6) Council members shall be entitled to compensation and
expenses under ORS 292.495, payable from funds available to the
State Board of Psychologist Examiners. + }
  SECTION 4. ORS 675.110 is amended to read:
  675.110. The State Board of Psychologist Examiners shall have
the following powers, in addition to the powers otherwise granted
under ORS 675.010 to 675.150, and shall have all powers necessary
or proper to carry the granted powers into effect:
  (1) To determine qualifications of applicants to practice
psychology in this state; to cause to have examinations prepared,
conducted and graded and to grant licensing to qualified
applicants upon their compliance with the provisions of ORS
675.010 to 675.150 and the rules of the board.
  (2) To grant or deny renewal of licenses, and to renew licenses
which have lapsed for nonpayment of the renewal fee, subject to
the provisions of ORS 675.010 to 675.150.
  (3) To suspend or revoke licenses, subject to ORS 675.010 to
675.150.
  (4) To issue letters of reprimand, to impose probationary
periods with the authority to restrict the scope of practice of a
licensed psychologist or to require practice under supervision.
  (5) To impose civil penalties not to exceed $1,000.
  (6) To restore licenses which have been suspended or revoked or
voided by nonpayment of the renewal fee.
  (7)(a) To collect fees for application, examination and
licensing of applicants, for renewal of licenses,  { + for
issuance and renewal of certificates of prescriptive
authority + } and for issuance of limited permits, such fees to
be used to defray the expenses of the board as provided in ORS
675.140.
  (b) The board may collect a delinquent renewal fee for licenses
renewed after the deadline for renewal but before the grace
period for renewal has expired.
  (8) To investigate alleged violations of ORS 675.010 to
675.150.
 
  (9) To issue subpoenas for the attendance of witnesses, take
testimony, administer oaths or affirmations to witnesses, conduct
hearings, require the production of relevant documents in all
proceedings pertaining to the duties and powers of the board.
  (10) To enforce ORS 675.010 to 675.150 and to exercise general
supervision over the practice of psychology in this state.
  (11) To adopt a common seal.
  (12) To formulate a code of professional conduct for the
practice of psychology giving particular consideration to the
Ethical Standards of Psychologists promulgated by the American
Psychological Association.
  (13) To establish standards of service and training and
educational qualifications for the rendering of ethical
psychological services in this state, including the formulation
of standards for the issuance of licenses for areas of special
competence.
  (14) To formulate and enforce continuing education requirements
for duly licensed psychologists to   { - insure - }
 { + ensure + } the highest quality of professional services to
the public.
  (15) Subject to the applicable provisions of ORS chapter 183,
to adopt reasonable rules to carry out the provisions of ORS
675.010 to 675.150.
  SECTION 5. ORS 675.110, as amended by section 12, chapter 987,
Oregon Laws 2001, and section 2, chapter 630, Oregon Laws 2003,
is amended to read:
  675.110. The State Board of Psychologist Examiners shall have
the following powers, in addition to the powers otherwise granted
under ORS 675.010 to 675.150, and shall have all powers necessary
or proper to carry the granted powers into effect:
  (1) To determine qualifications of applicants to practice
psychology in this state; to cause to have examinations prepared,
conducted and graded and to grant licensing to qualified
applicants upon their compliance with the provisions of ORS
675.010 to 675.150 and the rules of the board.
  (2) To grant or deny renewal of licenses, and to renew licenses
which have lapsed for nonpayment of the renewal fee, subject to
the provisions of ORS 675.010 to 675.150.
  (3) To suspend or revoke licenses, subject to ORS 675.010 to
675.150.
  (4) To issue letters of reprimand, to impose probationary
periods with the authority to restrict the scope of practice of a
licensed psychologist or to require practice under supervision.
  (5) To impose civil penalties not to exceed $1,000.
  (6) To restore licenses which have been suspended or revoked or
voided by nonpayment of the renewal fee.
  (7)(a) To collect fees for application, examination and
licensing of applicants, for renewal of licenses,  { + for
issuance and renewal of certificates of prescriptive
authority + } and for issuance of limited permits, such fees to
be used to defray the expenses of the board as provided in ORS
675.140.
  (b) The board may collect a delinquent renewal fee for licenses
renewed after the deadline for renewal but before the grace
period for renewal has expired.
  (8) To investigate alleged violations of ORS 675.010 to
675.150.
  (9) To issue subpoenas for the attendance of witnesses, take
testimony, administer oaths or affirmations to witnesses, conduct
hearings, require the production of relevant documents in all
proceedings pertaining to the duties and powers of the board.
  (10) To enforce ORS 675.010 to 675.150 and to exercise general
supervision over the practice of psychology in this state.
  (11) To adopt a common seal.
  (12) To formulate a code of professional conduct for the
practice of psychology giving particular consideration to the
Ethical Standards of Psychologists promulgated by the American
Psychological Association.
  (13) To establish standards of service and training and
educational qualifications for the rendering of ethical
psychological services in this state, including the formulation
of standards for the issuance of licenses for areas of special
competence.
  (14) To formulate and enforce continuing education requirements
for duly licensed psychologists to   { - insure - }
 { + ensure + } the highest quality of professional services to
the public.
  (15) To deny renewal of a license, or renewal of a license that
has lapsed for nonpayment of the renewal fee, unless prior to
payment of the renewal fee described in subsection (7) of this
section the applicant completes, or provides documentation of
previous completion of:
  (a) A pain management education program approved by the board
and developed in conjunction with the Pain Management Commission
established under ORS 409.500; or
  (b) An equivalent pain management education program, as
determined by the board.
  (16) Subject to the applicable provisions of ORS chapter 183,
to adopt reasonable rules to carry out the provisions of ORS
675.010 to 675.150.
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