Psychologist prescriptive authority.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0279

SENATE FILE
NO.
SF0123

Psychologist prescriptive authority.

Sponsored by:
Senator(s) Scott and Representative(s) Diercks

A BILL

for

AN ACT relating to psychologists; providing prescriptive authority pursuant to certification; expanding authority of the psychology board; providing conforming provisions; providing definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 33
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27
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124 through 33
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27
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128 are created to read:

33
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27
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124.

Initial application requirements for prescriptive authority; certification procedures.

(a)

A psychologist who applies for prescriptive authority shall demonstrate by official transcript or other official evidence satisfactory to the board that the applicant:

(i)

Has completed a doctoral program in psychology from a regionally accredited university or professional school or, if the program is not accredited at the time of graduation, that the person has completed a doctoral program in psychology that meets recognized acceptable professional standards as determined by the board;

(ii)

Holds a current license to practice psychology in this state;

(iii)

Has completed a program of education in an organized program of intensive didactic instruction as defined by the board consisting of not less than three hundred eighty (380) hours instruction at an accredited postsecondary institution including instruction in the following core areas of instruction: neuroscience, pharmacology, psychopharmacology, physiology, pathophysiology, appropriate and relevant physical and laboratory assessment and clinical pharmacotherapeutics or practiced with prescriptive authority in a jurisdiction allowing such practice;

(iv)

Has obtained supervised and relevant clinical experience of at least one (1) year's duration and sufficient to attain competency in the treatment of a diverse patient population under the direction of qualified practitioners as determined by the board; and

(v)

Has passed a national certifying examination developed by a nationally recognized body and approved by the board.

(b)

The board may seek the advice of other state agencies with relevant experience in devising the certification procedures for psychologists certified to prescribe and shall:

(i)

Certify licensed, doctoral level psychologists to prescribe and dispense drugs in accordance with applicable state and federal laws;

(ii)

Develop and implement procedures for reviewing educational and training credentials for that certification process, in accordance with current standards of professional practice.

33
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27
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125.

Renewal of prescriptive authority.

(a)

The board shall prescribe by rule a method for the renewal of prescriptive authority at the time of, or in conjunction with, the renewal of licenses to practice psychology.

(b)

Each applicant for renewal of prescriptive authority shall in addition to any other requirements for license renewal, present satisfactory evidence to the board demonstrating completion of six (6) hours of continuing education relevant to prescriptive authority in the previous licensure period.

33
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27
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126.

Prescribing practices.

(a)

Every prescription by a psychologist certified to prescribe shall:

(i)

Comply with all applicable state and federal laws; and

(ii)

Be identified as issued by the psychologist as "psychologist certified to prescribe" and shall include the prescriber's identification number assigned by the board.

(b)

Records of all prescriptions shall be maintained in patient records.

(c)

A psychologist shall not delegate the prescribing of drugs to any person not otherwise licensed to prescribe the drugs in question.

33
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27
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127.

Controlled substance prescriptive authority.

(a)

If authorized to prescribe controlled substances, each psychologist certified to prescribe shall file in a timely manner any and all individual drug enforcement agency registrations and numbers with the board.

(b)

The board shall maintain current records of every psychologist certified to prescribe, including drug enforcement agency registrations and numbers.

33
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27
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128.

Interaction with the board of pharmacy.

(a)

The board shall transmit to the board of pharmacy an annual list of psychologists certified to prescribe containing the following information:

(i)

The name of the psychologist;

(ii)

The psychologist's identification number assigned by the board; and

(iii)

The effective date of prescriptive authority.

(b)

The board shall promptly forward to the board of pharmacy the names and titles of psychologists added to, or deleted from, the annual list of psychologists certified to prescribe.

(c)

The board shall notify the board of pharmacy in a timely manner upon termination, suspension or reinstatement of a psychologist's prescriptive authority.

(d) The board of pharmacy, in collaboration with the board of physchology, shall develop a formulary of commonly used drugs for the treatment of mental and emotional disorders for use by psychologists with prescriptive authority.

Section 2.
W.S. 6
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4
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403(b)(iv), 33
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24
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101(c)(vii), 33
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24
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136(b), 33
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24
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137(a)(i), 33
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26
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102(a)(xi)(E), 33
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27
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113(a)(iii)(intro), creating new paragraphs (x) through (xv) and by renumbering (x) as (xvi), 33
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27
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119(a)(i) and 33
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27
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120(b)(intro) are amended to read:

6
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4
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403.

Abandoning or endangering children; penalties; "child"; disclosure or publication of identifying information; "minor victim".

(b)

No person shall knowingly:

(iv)

Sell, give or otherwise furnish a child any drug prohibited by law without a
physician's
prescription
from a physician or a psychologist who has prescriptive authority pursuant to W.S. 33
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27
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113(a)(xiv)
; or

33
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24
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101.

Short title; definition.

(c)

As used in this act, "unprofessional conduct" means:

(vii)

Filling a prescription without reasonable inquiry and confirmation of its validity if there are reasonable grounds to doubt the current existence of a doctor
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patient relationship between the prescriber and the customer seeking to obtain the drug
or that the customer seeking to obtain the drug is the current patient of a psychologist who has prescriptive authority pursuant to W.S. 33
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27
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113(a)(xiv)
;

33
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24
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136.

Filing written memorandum of prescription; labels generally; prescription defined; counseling and patient profiles.

(b)

"Prescription" means an order for medication by a person licensed and authorized by the state board of medicine, the state board of dental examiners, the state board of nursing, the state board of registration in podiatry, the state board of examiners in optometry
,

or
the state board of veterinary medicine
or a psychologist who has prescriptive authority pursuant to W.S. 33
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27
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113(a)(xiv)
which is dispensed to or for an ultimate user, but does not include an order for medication which is dispensed for immediate administration to the ultimate user. Each prescription memorandum shall be maintained and open for inspection by agents of the board for a period of two (2) years from the date it is filed.

33
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24
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137.

Sale of poison.

(a)

It shall be unlawful:

(i)

For any person, either on his own behalf or while in the employ of another, to sell or give away any poison, as designated by the board of pharmacy without first recording in a book to be kept for that purpose, with an indelible pencil or ink, the date, the name and address of the person to whom, and the amount and kind of poison delivered, except when such poison is sold on the written prescription of
an
osteopath, physician, dentist
, psychologist
or veterinarian;

33
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26
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102.

Definitions.

(a)

As used in this chapter:

(xi)

"Practicing medicine" means any person who in any manner:

(E)

Offers or undertakes to prescribe, order, give or administer drugs which can only be obtained by prescription according to law
except it does not mean the prescription of drugs by a psychologist who has prescriptive authority pursuant to W.S. 33
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27
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113(a)(xiv)
; or

33
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27
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113.

Definitions.

(a)

As used in this act:

(iii)

"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 may include prescribing drugs and controlled substances if authorized by the board
. Psychological services may be rendered to individuals, families, groups and the public. The practice of psychology shall be construed within the meaning of this definition without regard to whether payment is received for services rendered. The practice of psychology includes, but is not limited to:

(x)

"Accredited university or school" means accredited by a regional body recognized by United States department of education or the council for higher education accreditation;

(xi)

"Controlled substance" means as defined in W.S. 35
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7
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1016 through 35
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7
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1022;

(xii)

"Drug" means as defined by W.S. 35
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7
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110(a)(x);

(xiii)

"Prescriptive authority" means the authority to prescribe and dispense drugs and other treatment procedures within the scope of practice of psychology in accordance with regulations adopted by the board;

(xiv)

"Prescription" means an order for a drug, laboratory test or any medicine, device or treatment, including a controlled substance;

(xv)

"Psychologist certified to prescribe" means a licensed, doctoral-level psychologist who has undergone specialized training and has passed an examination accepted by the board and has received a current certificate granting prescriptive authority from the board which has not been revoked or suspended.

(x)
(xvi)

"This act" means W.S. 33
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27
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113 through
33
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27
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123
33
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27
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128
.

33
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27
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119.

Practice without license.

(a)

No person shall:

(i)

Represent himself as a psychologist
, a psychologist who has prescribing authority
or school psychologist; or

33
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27
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120.

Grounds for denial, suspension or revocation of license and other disciplinary sanctions.

(b)

The board may suspend, place on probation, require remediation for a specified time to be determined at the discretion of the board, restrict or revoke any license to practice psychology
,

or
school psychology
,

or certificate granting a psychologist prescriptive authority,
deny an application for licensure
,
or take any other action specified in the rules and regulations whenever the board shall find by a preponderance of the evidence, following a hearing conducted by the board pursuant to this act, that the psychologist, school psychologist or applicant has engaged in conduct prohibited by this act, rules or regulations promulgated by the board, or in any of the following acts or offenses:

Section 3.
This act is effective July 1, 2005.

(END)

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SF0123