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CAPP TASK FORCE ON PRESCRIPTION PRIVILEGES:
SAMPLE PROVISIONS FOR PRESCRIPTION PRIVILEGE LEGISLATION
A. Definitions
(1) Prescriptive authority” means the ability to prescribe drugs within the scope of practice of psychology in accordance with regulations adopted by the [state board of psychology].
(2) Psychologist certified to prescribe”means a licensed, doctoral-level psychologist who, after undergoing specialized training and successfully completing a [national standardized examination] accepted by the [state board of psychology], has received from the [state board of psychology] a valid certificate granting prescriptive authority, which has not been revoked or suspended.
(3) Drug” is a substance defined by [state law].
(4) Prescription” is an order for a drug, [as defined by state law], or any medicines, devices or treatments, including controlled substances listed in schedules II-V, as defined by 21 C.F.R. Section 1306.
B. Certification
(1) The [state board of psychology] will, in its discretion, certify licensed, doctoral-level psychologists to prescribe and dispense drugs pursuant to applicable state and federal laws.
(2) The [state board of psychology] shall establish and administer a certification program to grant licensed,doctoral-level psychologists prescriptive authority.
(3) The [state board of psychology] shall develop procedures and criteria
for that certification including, but not limited to, education, training,
and testing.l '
In developing certification procedures and criteria, some state legislatures may request that other government agencies be involved as well. In this case, states may consider a fourth, optional certification element. (4) The [state board of psychology] may seek the advice of the [state department of health] and the [state board of pharmacy] in devising the certification procedures and criteria.
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C. Initial Application Requirements for Prescriptive Authority
A psychologist who applies for certification to prescribe drugs shall demonstrate by official transcript or other official evidence satisfactory to the [state board of psychology] successful completion of all of the following:
(1) A doctoral program in psychology from a regionally accredited university or professional school, or where no accreditation exists, applicants shall have completed a doctoral program in psychology that meets recognized acceptable professional standards as determined by the Board;'
(2) A valid license to practice psychology in [the state];
(3) [Number of] contact hours of education within the five-year period immediately preceding the date of application consisting of the following core a r e a s of instruction: neuroscience, pharmacology, psychopharmacology, pathophysiology, physical and laboratory assessment (introduction), and pharmacotherapeutics;
(4) Supervised clinical experience under the direction of qualified practitioners as determined by the [state board of psychology] within the five-year period immediately preceding the date of application;
(5) A certifying examination [developed and administered by a, nationally recognized and accredited body approved by the Dept. of Education.]
D. Renewal of Prescriptive Authority
(1) Each psychologist's prescriptive the [state board of psychology]. authority must be renewed biannually by
(2) To be eligible for certification by the board, applicants shall demonstrate, at the time of application for renewal, by official transcript or other official evidence satisfactory to the board successful completion of [number of] contact hours of courses during the previous two years. 2 A grandfather” provision may be added for a waiver of the coursework for psychiatrists who are also psychologists, as well as psychologists who hold a doctoral degree in Mental Health (the certification examination will be not waived).
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E. Prescribing Practices
(1) Every prescription by a psychologist certified to prescribe shall:
a.. comply with all applicable state and federal laws; and
b. be signed by the psychologist as psychologist certified to prescribe” and the prescriber's identification number assigned by the board.
(2) Records of all prescriptions shall be maintained in client records.
(3) A psychologist shall not delegate the prescribing of drugs to any other person.
F. Controlled Substance Prescriptive Authority
(1) When prescribing controlled substances, each psychologist certified to prescribe will immediately file any and all individual DEA registrations and numbers with the [state board of psychology].
(2) The [state board of psychology] will maintain current records of every psychologist certified to prescribe, including DEA registrations and numbers.
G. Interaction with the [State Board of Pharmacy]
(1) The [state board of psychology] will transmit to the [state board of pharmacy] an annual list of psychologists certified to prescribe containing the following information:
a.. the name of the psychologist;
b. the psychologist's identification number assigned by the [state board of psychology]; and
c. the effective date of prescriptive authority.
(2) The [state board of psychology] will promptly forward to the [state board of pharmacy] the names and titles of psychologists added to or deleted from the annual list of psychologists certified to prescribe.
(3) The [state board of psychology] will notify the [state board of pharmacy] [within 24 hours] upon termination, suspension, or reinstatement of a psychologist's prescriptive authority.
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Possible Additions to Existing State Laws
1. Amendment to the state controlled substances act to ensure that psychologists certified to prescribe are authorized prescribers of controlled substances.
2. Amendment to the state nurse practice act to ensure that nurses can .implement prescriptions written by psychologists certified to prescribe.
3. Amendment to the state pharmacy act to ensure that pharmacists can dispense drugs ordered by psychologists certified to prescribe.
4. The laws of thirteen states prohibit the prescription of drugs by psychologists. For these states, state psychological associations may consider including the following provision:
The practice of psychology shall not include:
Prescribing drugs, with the exception of drugs prescribed by psychologists certified to prescribe [or bv psychologists who have graduated from the U.S. Department of Defense Psychopharmacology Demonstration Program].
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