75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1424
House Bill 2702
Sponsored by Representatives GREENLICK, KOTEK, Senator BATES;
Representatives BARNHART, GARRARD, JENSON, KENNEMER, MAURER,
SCHAUFLER, G SMITH, WHISNANT, Senators BOQUIST, NELSON
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 State Board of Psychologist Examiners to issue
certificate of prescriptive authority to certain licensed
psychologists. Authorizes board to adopt standards for licensed
psychologists seeking prescriptive authority and to limit drugs
that may be prescribed. Specifies qualifying standards for
issuance of prescriptive authority and provides board with sole
disciplinary authority over prescribing psychologists. Authorizes
board to charge fee for issuing certificate of prescriptive
authority.
Imposes certain requirements on prescribing psychologists who
prescribe psychotropic medications.
Establishes Committee on Prescribing Psychologists under
jurisdiction of board. Specifies membership and duties of
committee.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to prescriptive authority for licensed psychologists;
creating new provisions; amending ORS 675.010 and 675.110; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 675.010 is amended to read:
675.010. As used in ORS 675.010 to 675.150, unless the context
requires otherwise:
(1) 'Approved doctoral program in psychology' means a doctoral
program in psychology accredited by the American Psychological
Association or a doctoral program in psychology accredited
individually or as part of an institutional accreditation by
another private { + accrediting association + } or governmental
accrediting agency, when the association's or agency's standards
and procedures have been approved by the State Board of
Psychologist Examiners by rule.
{ - (2) 'Board' means the State Board of Psychologist
Examiners. - }
{ + (2) 'Collaboration' means a process that involves two or
more persons working together, each contributing that person's
respective area of expertise to provide more comprehensive care
than one person alone can provide.
(3) 'Distribution' means the delivery of a drug other than by
administering or dispensing, such as delivery of prepackaged
samples of a drug.
(4) 'Drug' means an article, other than food:
(a) Intended for use in the diagnosis, cure, mitigation,
treatment or prevention of mental and emotional disorders; and
(b) Intended to affect a structure or function of the human
body. + }
{ - (3) - } { + (5) + } 'Licensed psychologist' means a
person licensed to practice psychology under the provisions of
ORS 675.010 to 675.150.
{ - (4) - } { + (6) + } 'Practice of psychology' means
rendering or offering to render supervision, consultation,
evaluation or therapy services to individuals, groups or
organizations for the purpose of diagnosing or treating
behavioral, emotional or mental disorders. 'Practice of
psychology' also includes delegating the administration and
scoring of tests to technicians qualified by and under the direct
supervision of a licensed psychologist.
{ + (7) 'Prescribe' has the meaning given that term in ORS
677.010.
(8) 'Prescribing psychologist' means a licensed psychologist
who has been issued a certificate of prescriptive authority.
(9) 'Prescribing psychologist formulary' means the list of
drugs and the protocols for their use adopted by the State Board
of Psychologist Examiners by rule pursuant to ORS 675.110. + }
{ - (5) - } { + (10) + } 'State' means any state or
territory of the United States and the District of Columbia.
SECTION 2. { + Sections 3 to 6 of this 2009 Act are added to
and made a part of ORS 675.010 to 675.150. + }
SECTION 3. { + (1) The State Board of Psychologist Examiners
may issue a certificate of prescriptive authority to a licensed
psychologist authorizing the psychologist to prescribe drugs for
the diagnosis and treatment of mental and emotional disorders.
(2) A prescribing psychologist may prescribe drugs listed on
the prescribing psychologist formulary.
(3) The board shall define and determine the drugs on the
prescribing psychologist formulary.
(4) A licensed psychologist may apply for a certificate of
prescriptive authority if the psychologist:
(a) Has a minimum of two years of post-licensure clinical
experience in an inpatient or outpatient health care setting that
provides any level of physical health care services;
(b)(A) Has a master's degree in clinical psychopharmacology
from an institution accredited by a regional accreditation
organization recognized by the United States Department of
Education. The degree program must include training in physical
assessment, pathophysiology, psychopharmacology and clinical
management sufficient to prepare the applicant to safely
prescribe drugs for individual patients; or
(B) Has successfully completed the United States Department of
Defense Psychopharmacology Demonstration Project or a similar
program developed and operated by any branch of the Armed Forces
of the United States;
(c) Has completed, in no less than 12 months and no more than
24 months, an integrated, supervised clinical experience of at
least 250 hours, including differential diagnosis and applied
pharmacological management of patients congruent with the
specialty role sought;
(d) Has treated patients with mental or emotional disorders
under the supervision of a licensed physician or nurse
practitioner who is knowledgeable in the administration of
psychotropic medications and who has completed the board's
approved supervisory training; and
(e) Has passed a national certification examination in
psychopharmacology as specified by the board by rule.
(5) A minimum of 20 percent of the clinical experience required
under subsection (4)(a) or (c) of this section must have been
accumulated:
(a) In each of the following:
(A) A primary care setting as defined by the board by rule; and
(B) A public health setting as defined by the board by rule; or
(b) In a setting that is both a primary care setting and a
public health setting as defined by the board by rule.
(6) A licensed physician or nurse practitioner providing the
supervision required under subsection (4)(c) of this section
shall provide evidence to the board that the licensed
psychologist has:
(a) Completed the integrated, supervised clinical experience;
and
(b) Demonstrated competency in:
(A) Physical examination, mental status evaluation, medical
history interview and documentation and assessment; and
(B) Indications and interpretation, differential diagnosis,
integrated treatment planning, consultation and collaboration,
and treatment management.
(7) The State Board of Psychologist Examiners shall immediately
notify the State Board of Pharmacy of:
(a) Receipt of an application for a certificate of prescriptive
authority; and
(b) Approval of an application for a certificate of
prescriptive authority.
(8) The State Board of Psychologist Examiners shall issue a
certificate of prescriptive authority to a licensed psychologist
who has provided evidence satisfactory to the board of having met
the education requirements, competency standards and
qualifications required under this section and who has paid all
of the fees required under ORS 675.110 or by the board by rule.
(9) The State Board of Psychologist Examiners shall adopt rules
establishing competency standards that a prescribing psychologist
must meet to maintain a certificate of prescriptive authority.
The standards must require that the prescribing psychologist:
(a) Complete not less than 50 hours of continuing education in
psychopharmacology every two years, in addition to those
continuing education credits required of all licensed
psychologists by the board; and
(b) Maintain a written consultation agreement with an
experienced mental health professional with prescriptive
authority for a minimum of two years following the integrated,
supervised clinical experience described in this section.
(10) The State Board of Psychologist Examiners shall provide a
report biennially, by January 31 of each odd-numbered year, to
the Legislative Assembly on:
(a) The number of prescribing psychologists in this state;
(b) The number of prescriptions written by prescribing
psychologists; and
(c) The board's progress in implementing this section and
sections 4 and 5 of this 2009 Act, including a recommendation as
to whether the Committee on Prescribing Psychologists established
under section 5 of this 2009 Act should continue to exist or have
its functions transferred to the State Board of Psychologist
Examiners. + }
SECTION 4. { + (1) The State Board of Psychologist Examiners
has sole disciplinary authority over prescribing psychologists.
(2) In the manner prescribed by ORS chapter 183 for contested
cases, the board may deny, suspend or revoke a certificate of
prescriptive authority upon proof of a prescribing psychologist's
inappropriate use of prescriptive authority. Disciplinary action
under this subsection is grounds for discipline of the
prescribing psychologist in the same manner as a licensed
psychologist may be disciplined under ORS 675.070 and 675.085.
(3) Any prescribing psychologist who is deemed by the board to
be unfit to practice may be disciplined under ORS 675.070 and
675.085. + }
SECTION 5. { + (1) There is established a Committee on
Prescribing Psychologists under the jurisdiction of the State
Board of Psychologist Examiners. The term of office for each
member is three years, but each member serves at the pleasure of
the appointing authority. Before the expiration of the term of a
member, the appointing authority shall appoint a successor whose
term begins on July 1 next following. A member is eligible for
reappointment. If there is a vacancy for any cause, the
appointing authority shall make an appointment to become
immediately effective for the unexpired term.
(2) The committee consists of seven members appointed as
follows:
(a) The State Board of Psychologist Examiners shall appoint:
(A) One person who is a licensed psychologist trained in
clinical psychopharmacology;
(B) One person who is a licensed clinical psychologist
practicing in a health care setting; and
(C) One person who shall act as a liaison to the State Board of
Psychologist Examiners.
(b) The Oregon Medical Board shall appoint:
(A) One person who is a primary care physician;
(B) One person who is a psychiatrist on the faculty of Oregon
Health and Science University; and
(C) One person who is a physician experienced in treating
children who have mental or emotional disorders.
(c) The State Board of Pharmacy shall appoint one person who is
a pharmacist licensed by the State Board of Pharmacy or who has
an advanced degree in pharmacology or pharmacognosy.
(3) The committee shall make recommendations to the State Board
of Psychologist Examiners regarding the certification of
prescribing psychologists, including recommendations on:
(a) Curriculum review;
(b) Development of the prescribing psychologist formulary and
annual formulary revisions; and
(c) Continuing education and approval processes for all
licensed psychologists seeking or holding a certificate of
prescriptive authority.
(4) The committee may consult with persons engaged in other
professions, as needed, for assistance in areas outside the
expertise of the committee. + }
SECTION 6. { + Notwithstanding the term of office specified by
section 5 of this 2009 Act, the members first appointed to the
Committee on Prescribing Psychologists shall determine by lot at
the first meeting of the committee the initial terms of office
for committee members as follows:
(1) Two shall serve for terms ending June 30, 2010.
(2) Two shall serve for terms ending June 30, 2011.
(3) Three shall serve for terms ending June 30, 2012. + }
SECTION 7. { + (1) The State Board of Psychologist Examiners
shall adopt rules requiring a prescribing psychologist:
(a) To keep records of prescriptions authorized and drugs
distributed by the prescribing psychologist in the manner
required for records kept by pharmacies licensed under ORS
chapter 689;
(b) To provide a report biennially, by October 1 of each
even-numbered year, to the board detailing the number and types
of drugs prescribed by the prescribing psychologist; and
(c) To maintain an ongoing collaboration with the health care
professional who oversees a patient's medical care to ensure
that:
(A) Necessary medical examinations are conducted;
(B) The prescribed drug is appropriate for the patient's
medical condition; and
(C) The prescribing psychologist and the health care
professional discuss, in a timely manner, any significant changes
in the patient's medical or psychological condition.
(2) The prescribing psychologist and the health care
professional shall each document the collaboration under
subsection (1) of this section in the clinical records of the
patient.
(3) A prescribing psychologist who prescribes a drug for a
child shall:
(a) Consult with a psychiatrist who is certified, or eligible
to be certified, by the Oregon Medical Board in child psychiatry
prior to the initial prescription;
(b) Continue consultations with the child psychiatrist during
treatment of the child to monitor any changes in the child's
condition; and
(c) Document each consultation in the clinical records of the
child.
(4) As used in this section, 'child' means a person under 15
years of age. + }
SECTION 8. 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, { - and - }
for issuance of limited permits { + and for certificates of
prescriptive authority + }, 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 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 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) For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, to require the
fingerprints of a person who is:
(a) Applying for a license that is issued by the board;
(b) Applying for renewal of a license that is issued by the
board; or
(c) Under investigation by the board.
{ + (17) To define and determine the drugs that a prescribing
psychologist may prescribe and to adopt the prescribing
psychologist formulary. + }
{ - (17) - } { + (18) + } 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 9. { + The State Board of Psychologist Examiners shall
adopt rules to allow licensed psychologists who have successfully
completed the didactic requirements of a degree prior to the
effective date of this 2009 Act to complete the integrated,
supervised clinical experience requirement after the effective
date of this 2009 Act. + }
SECTION 10. { + Sections 3, 4 and 7 of this 2009 Act and the
amendments to ORS 675.110 by section 8 of this 2009 Act become
operative on January 1, 2010. + }
SECTION 11. { + The State Board of Psychologist Examiners may
take any action before the operative date specified in section 10
of this 2009 Act that is necessary for the board to exercise, on
and after the operative date specified in section 10 of this 2009
Act, all of the duties, functions and powers conferred on the
board by sections 3, 4 and 7 and the amendments to ORS 675.110 by
section 8 of this 2009 Act. + }
SECTION 12. { + This 2009 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2009 Act takes effect on
its passage. + }
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