First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 23-0051.01 Kristen Forrestal x4217
HOUSE BILL 23-1071
House Committees Senate Committees
Public & Behavioral Health & Human Services Health & Human Services
A BILL FOR AN ACT
C
ONCERNING THE AUTHORITY OF A LICENSED PSYCHOLOGIST TO101
PRESCRIBE PSYCHOTROPIC MEDICATION FOR THE TREATMENT102
OF MENTAL HEALTH DISORDERS .103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill adds 2 members to the state board of psychologist
examiners (board) and requires 2 of the 9 members of the board to be
prescribing psychologists.
The bill allows a licensed psychologist to prescribe and administer
psychotropic medications if the licensed psychologist holds a conditional
SENATE
3rd Reading Unamended
February 23, 2023
SENATE
Amended 2nd Reading
February 22, 2023
HOUSE
3rd Reading Unamended
February 9, 2023
HOUSE
Amended 2nd Reading
February 8, 2023
HOUSE SPONSORSHIP
Amabile and Bradfield, Armagost, Boesenecker, Brown, deGruy Kennedy, Dickson,
Duran, English, Epps, Froelich, Garcia, Gonzales-Gutierrez, Jodeh, Lindsay, Lindstedt,
Mabrey, Marshall, McCluskie, McCormick, McLachlan, Ricks, Velasco, Weinberg, Young
SENATE SPONSORSHIP
Simpson and Fenberg, Bridges, Coleman, Fields, Gardner, Ginal, Gonzales, Hinrichsen,
Kirkmeyer, Kolker, Liston, Lundeen, Marchman, Moreno, Pelton B., Pelton R., Priola,
Rodriguez, Sullivan, Will, Winter F.
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. prescription certificate or a prescription certificate issued by the board.
A licensed psychologist may apply to the board for a conditional
prescription certificate and must include in the application satisfactory
evidence that the applicant has met specific educational, supervisory, and
clinical requirements. The board is required to issue a conditional
prescription certificate to the licensed psychologist if the board
determines the applicant has met the requirements. The licensed
psychologist with a conditional prescription certificate may only
administer and prescribe psychotropic medications under the supervision
of a licensed physician or advanced practice registered nurse and must
maintain a collaborative relationship with the patient's health-care
provider.
A licensed psychologist who holds a conditional prescription
certificate for 2 years and who meets the specified requirements may
apply for and receive a prescription certificate (prescribing psychologist).
A licensed psychologist with a prescription certificate may prescribe
psychotropic medication to a person if the licensed psychologist:
! Holds a current license in good standing;
! Maintains the required malpractice insurance; and
! Annually completes at least 20 hours of continuing
education.
The board is authorized to promulgate rules to:
! Implement procedures for obtaining a conditional
prescription certificate and a prescription certificate; and
! Establish grounds for denial, suspension, and revocation of
the certificates.
The bill requires a prescribing psychologist and a licensed
psychologist with a conditional prescription certificate to file with the
board all individual federal drug enforcement administration registrations
and numbers. The board and the Colorado medical board are required to
maintain current records of every psychologist with prescriptive authority,
including registrations and numbers.
The department of regulatory agencies (department) is required to
annually collect information regarding prescribing psychologists and
licensed psychologists with conditional prescription certificates, to
compile the information, and to share the information with the office in
the department responsible for conducting sunset reviews for inclusion in
each scheduled sunset review concerning the regulation of mental health
professionals.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 12-245-224, add (3)
2
1071-2- as follows:1
12-245-224. Prohibited activities - related provisions -2
definition. (3) (a) T
HE BOARD SHALL DESIGN AND SEND A
3
QUESTIONNAIRE TO ALL LICENSED PSYCHOLOGISTS WITH PRESCRIPTIVE4
AUTHORITY WHO APPLY FOR LICENSE RENEWAL . EACH APPLICANT FOR5
LICENSE RENEWAL SHALL COMPLETE THE BOARD -DESIGNED6
QUESTIONNAIRE. THE PURPOSE OF THE QUESTIONNAIRE IS TO DETERMINE7
WHETHER A LICENSEE HAS ACTED IN VIOLATION OF THIS PART 2 OR HAS8
BEEN DISCIPLINED FOR ANY ACTION THAT MIGHT BE CONSIDERED A9
VIOLATION OF THIS PART 2 OR THAT MIGHT MAKE THE LICENSEE UNFIT TO10
PRACTICE PSYCHOLOGY WITH REASONABLE CARE AND SAFETY . THE BOARD11
SHALL INCLUDE ON THE QUESTIONNAIRE A QUESTION REGARDING12
WHETHER THE LICENSEE HAS COMPLIED WITH SECTION 12-30-111 AND IS13
IN COMPLIANCE WITH SECTION 12-280-403 (2)(a). IF AN APPLICANT FAILS14
TO ANSWER THE QUESTIONNAIRE ACCURATELY , THE FAILURE CONSTITUTES15
GROUNDS FOR DISCIPLINE UNDER THIS SECTION. THE BOARD MAY INCLUDE16
THE COST OF DEVELOPING AND REVIEWING THE QUESTIONNAIRE IN THE FEE17
PAID PURSUANT TO SECTION 12-245-205 OF THIS SECTION. THE BOARD18
MAY DENY AN APPLICATION FOR LICENSE RENEWAL THAT DOES NOT19
ACCOMPANY AN ACCURATELY COMPLETED QUESTIONNAIRE .20
(b) O
N AND AFTER JULY 1, 2024, AS A CONDITION OF RENEWAL OF
21
A LICENSE, EACH LICENSEE SHALL ATTEST THAT THE LICENSEE IS IN22
COMPLIANCE WITH SECTION 12-280-403 (2)(a) AND THAT THE LICENSEE IS23
AWARE OF THE PENALTIES FOR NONCOMPLIANCE WITH THAT SECTION .24
SECTION 2. In Colorado Revised Statutes, 12-30-109, amend25
(1)(b), (4)(e), and (4)(f); and add (4)(g) as follows:26
12-30-109. Prescriptions - limitations - definition - rules.27
1071
-3- (1) (b) Prior to prescribing any opioid or benzodiazepine prescription1
pursuant to this section, a prescriber must comply with section2
12-280-404 (4). Failure to comply with section 12-280-404 (4) constitutes3
unprofessional conduct or grounds for discipline, as applicable, under4
section 12-220-201, 12-240-121, 12-245-224, 12-255-120, 12-275-120,5
12-290-108, or 12-315-112, as applicable to the particular prescriber, only6
if the prescriber repeatedly fails to comply.7
(4) As used in this section, "prescriber" means:8
(e) A podiatrist licensed pursuant to article 290 of this title 12; or9
(f) A veterinarian licensed pursuant to part 1 of article 315 of this10
title 12; or11
(g) A
LICENSED PSYCHOLOGIST WITH PRESCRIPTIVE AUTHORITY
12
PURSUANT TO SECTION 12-245-309.13
SECTION 3. In Colorado Revised Statutes, 12-245-301, amend14
(4), (5), and (6); and add (7), (8), (9), (10), (11), (12), and (13) as15
follows:16
12-245-301. Definitions. As used in this part 3, unless the context17
otherwise requires:18
(4) "Licensed psychologist" means a person licensed under this19
part 3 "INDEPENDENTLY LICENSED PRESCRIBING PHYSICIAN " MEANS A20
PHYSICIAN LICENSED PURSUANT TO ARTICLE 240 OF THIS TITLE 12 WHO21
SUPERVISES LICENSED PSYCHOLOGISTS PARTICIPATING IN PRACTICUMS22
DESCRIBED IN SECTION 12-245-309 (2)(a)(IV).23
(5) "Professional psychological training program" means a24
doctoral training program that:25
(a) Is a planned program of study that reflects an integration of the26
science and practice of psychology; and27
1071
-4- (b) For applicants receiving their terminal degrees after 1990, is1
designated as a doctoral program in psychology by the Association of2
State and Provincial Psychology Boards or the National Register of3
Health Service Psychologists, or is accredited by the American4
Psychological Association or Canadian Psychological Association5
"L
ICENSED PSYCHOLOGIST" MEANS A PERSON LICENSED PURSUANT TO THIS
6
PART 3.7
(6) "Telepsychology" means the provision of psychological8
services using telecommunications technologies "NARCOTIC DRUG"9
HAS THE SAME MEANING AS SET FORTH IN SECTION 18-18-102 (20).10
(7) "PRESCRIBING PSYCHOLOGIST " MEANS A LICENSED11
PSYCHOLOGIST WHO HOLDS A PRESCRIPTION CERTIFICATE .12
(8) "PRESCRIPTION CERTIFICATE" MEANS A DOCUMENT ISSUED BY13
THE BOARD, WITH APPROVAL OF THE COLORADO MEDICAL BOARD , TO A14
LICENSED PSYCHOLOGIST THAT PERMITS THE LICENSED PSYCHOLOGIST TO15
PRESCRIBE PSYCHOTROPIC MEDICATIONS PURSUANT TO THIS PART 3.16
(9) "PROFESSIONAL PSYCHOLOGICAL TRAINING PROGRAM " MEANS17
A DOCTORAL TRAINING PROGRAM THAT :18
(a) I
S A PLANNED PROGRAM OF STUDY THAT REFLECTS AN19
INTEGRATION OF THE SCIENCE AND PRACTICE OF PSYCHOLOGY ; AND20
(b) F
OR APPLICANTS RECEIVING THEIR TERMINAL DEGREES AFTER21
1990,
IS DESIGNATED AS A DOCTORAL PROGRAM IN PSYCHOLOGY BY THE22
A
SSOCIATION OF STATE AND PROVINCIAL PSYCHOLOGY BOARDS OR THE23
N
ATIONAL REGISTER OF HEALTH SERVICE PSYCHOLOGISTS OR IS24
ACCREDITED BY THE AMERICAN PSYCHOLOGICAL ASSOCIATION OR25
C
ANADIAN PSYCHOLOGICAL ASSOCIATION.26
(10)
(a) "PSYCHOTROPIC MEDICATION " MEANS A CONTROLLED27
1071
-5- SUBSTANCE OR DANGEROUS DRUG :1
(I) T
HAT MAY NOT BE DISPENSED OR ADMINISTERED WITHOUT A2
PRESCRIPTION;3
(II) F
OR WHICH THE PRIMARY INDICATION FOR USE IS APPROVED BY4
THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE TREATMENT OF5
MENTAL HEALTH DISORDERS ; AND6
(III) T
HAT IS LISTED AS A PSYCHOTHERAPEUTIC AGENT IN THE7
MOST RECENT EDITION OF "DRUG FACTS AND COMPARISONS" OR IN THE8
A
MERICAN HOSPITAL FORMULARY SERVICE DRUG INFORMATION9
COMPENDIUM.10
(b) "P
SYCHOTROPIC MEDICATION" DOES NOT INCLUDE A NARCOTIC11
DRUG.12
13
(11) "TELEPSYCHOLOGY" MEANS THE PROVISION OF14
PSYCHOLOGICAL SERVICES USING TELECOMMUNICATIONS TECHNOLOGIES .15
SECTION 4. In Colorado Revised Statutes, 12-245-302, amend16
(2)(a) as follows:17
12-245-302. State board of psychologist examiners - created18
- members - terms. (2) The board consists of seven members who are19
residents of the state of Colorado as follows:20
(a) Four board members must be licensed psychologists, at least21
two of whom shall be engaged in the direct practice of psychology AND22
ONE OF WHOM IS A PRESCRIBING PSYCHOLOGIST; except that, if, after a23
good-faith attempt, the governor determines that an applicant for24
membership on the board pursuant to this subsection (2)(a) who is25
engaged in the direct practice of psychology
OR WHO IS A PRESCRIBING26
PSYCHOLOGIST is not available to serve on the board for a particular term,27
1071
-6- the governor may appoint a licensed psychologist who is not engaged in1
the direct practice of psychology
OR WHO IS NOT A PRESCRIBING2
PSYCHOLOGIST.3
SECTION 5.
In Colorado Revised Statutes, add 12-245-309 as4
follows:5
12-245-309. Prescription authority - psychotropic drugs -6
prescription certificates - requirements - issuance, denial, renewal,7
and revocation of certification - rules. (1) Prescribing and8
administering psychotropic medications. (a) A
LICENSED9
PSYCHOLOGIST MAY ONLY ADMINISTER OR PRESCRIBE PSYCHOTROPIC10
MEDICATION TO A PERSON PURSUANT TO THE REQUIREMENTS AND11
LIMITATIONS SET FORTH IN THIS SECTION.12
(b) A
LICENSED PSYCHOLOGIST MUST HOLD
A PRESCRIPTION13
CERTIFICATE IN ORDER TO PRESCRIBE OR ADMINISTER PSYCHOTROPIC14
MEDICATION.15
(2) Prescription certificate. (a) A LICENSED PSYCHOLOGIST MAY16
APPLY TO THE BOARD FOR A PRESCRIPTION CERTIFICATE IN THE FORM17
AND MANNER APPROVED BY THE BOARD . THE APPLICANT MUST INCLUDE18
SATISFACTORY EVIDENCE THAT THE APPLICANT :19
(I) H
AS COMPLETED A DOCTORAL PROGRAM IN PSYCHOLOGY FROM20 AN APPROVED SCHOOL OR FROM A DOC TORAL PROGRAM THAT WAS NOT21
ACCREDITED AT THE TIME OF THE APPLICANT 'S GRADUATION BUT MEETS22
THE PROFESSIONAL STANDARDS APPROVED BY THE BOARD ;23
(II) H
AS SUCCESSFULLY COMPLETED A MASTER OF SCIENCE IN A24
CLINICAL PSYCHOPHARMACOLOGY PROGRAM THAT IS DESIGNATED BY THE25
A
MERICAN PSYCHOLOGICAL ASSOCIATION OR
ANY EDUCATION AS SET26
FORTH IN RULES PROMULGATED BY THE BOARD WITH APPROVAL OF THE27
1071
-7- COLORADO MEDICAL BOARD AND THAT CONSISTS OF DIDACTIC1
INSTRUCTION OF AT LEAST FOUR HUNDRED FIFTY CLASSROOM HOURS IN AT2
LEAST THE FOLLOWING CORE AREAS OF INSTRUCTION :3
(A) N
EUROSCIENCE;4
(B) P
HARMACOLOGY;5
(C) P
SYCHOPHARMACOLOGY ;6
(D) P
HYSIOLOGY;7
(E) P
ATHOPHYSIOLOGY;8
(F) A
PPROPRIATE AND RELEVANT PHYSICAL AND LABORATORY9
ASSESSMENT;
10
(G) C
LINICAL PHARMACOTHERAPEUTICS ; AND
11
(H) B
ASIC SCIENCES, INCLUDING GENERAL BIOLOGY ,
12
MICROBIOLOGY, CELL AND MOLECULAR BIOLOGY , HUMAN ANATOMY ,13
HUMAN PHYSIOLOGY, BIOCHEMISTRY, AND GENETICS, AS PART OF OR PRIOR14
TO ENROLLMENT IN A MASTER OF SCIENCE DEGREE PROGRAM IN CLINICAL15
PSYCHOPHARMACOLOGY .16
(III) H
AS PASSED THE PSYCHOPHARMACOLOGY EXAMINATION FOR17
PSYCHOLOGISTS DEVELOPED BY THE ASSOCIATION OF STATE AND18
P
ROVINCIAL PSYCHOLOGY BOARDS, OR ITS SUCCESSOR ORGANIZATION;19
(IV) H
AS BEEN CERTIFIED BY EACH OF THE APPLICANT 'S20
INDEPENDENTLY LICENSED PRESCRIBING PHYSICIANS
AS HAVING21
SUCCESSFULLY COMPLETED , IN NOT LESS THAN TWELVE MONTHS BUT NO22
MORE THAN TWENTY-FOUR MONTHS, A SUPERVISED AND RELEVANT23
CLINICAL EXPERIENCE APPROVED BY THE BOARD AND THE COLORADO24
MEDICAL BOARD THAT CONSISTS OF :25
(A) A ONE-TO-ONE, IN-PERSON SUPERVISED PRACTICUM, OF AT26
LEAST SEVEN HUNDRED FIFTY HOURS TREATING AT LEAST ONE HUNDRED27
1071
-8- FIFTY CLIENTS WITH MENTAL HEALTH DISORDERS UNDER THE SUPERVISION1
OF ANY ONE OR A COMBINATION OF APPROPRIATELY TRAINED2
INDEPENDENTLY LICENSED PRESCRIBING PHYSICIANS WHO HAVE BEEN3
DETERMINED BY THE BOARD AND THE COLORADO MEDICAL BOARD AS4
COMPETENT TO TRAIN THE APPLICANT IN THE TREATMENT OF A DIVERSE5
CLIENT POPULATION;6
(B) INCLUDED IN THE SEVEN HUNDRED FIFTY HOURS REQUIRED IN7
SUBSECTION (2)(a)(IV)(A) OF THIS SECTION, AT LEAST AN EIGHTY-HOUR8
PRACTICUM IN OBSERVATIONAL CLINICAL ASSESSMENT AND9
PATHOPHYSIOLOGY UNDER THE SUPERVISION OF AN INDEPENDENTLY10
LICENSED PRESCRIBING PHYSICIAN; AND11
(C) IF THE LICENSED PSYCHOLOGIST IS WORKING WITH PATIENTS12
UNDER EIGHTEEN YEARS OF AGE OR OVER SIXTY -FIVE YEARS OF AGE, AT13
LEAST TWO HUNDRED FIFTY OF THE SEVEN HUNDRED FIFTY HOURS14
REQUIRED IN SUBSECTION (2)(a)(IV)(A) OF THIS SECTION UNDER THE15
SUPERVISION OF ONE OR MORE INDEPENDENTLY LICENSED PRESCRIBING16
PHYSICIANS WHO WORK WITH PATIENTS UNDER EIGHTEEN YEARS OF AGE17
OR OVER SIXTY-FIVE YEARS OF AGE, WHICHEVER IS APPLICABLE, IF THE18
LICENSED PSYCHOLOGIST IS WORKING WITH SUCH PATIENTS ;19
20
(V) HAS SUCCESSFULLY UNDERGONE A PROCESS OF INDEPENDENT21
PEER REVIEW AS SET FORTH IN RULE OF THE BOARD AND APPROVED BY THE22
COLORADO MEDICAL BOARD ;23
(VI) MAINTAINS COMMERCIAL PROFESSIONAL LIABILITY24
INSURANCE WITH AN INSURER AUTHORIZED TO DO BUSINESS IN THIS STATE25
OR AN ELIGIBLE NONADM ITTED INSURER AUTHORIZED TO PROVIDE26
INSURANCE PURSUANT TO ARTICLE 5 OF TITLE 10 IN A MINIMUM27
1071
-9- INDEMNITY AMOUNT OF ONE MILLION DOLLARS PER INCIDENT AND THREE1
MILLION DOLLARS ANNUAL AGGREGATE PER YEAR ; AND2
(VII) MEETS ALL OTHER REQUIREMENTS AS DETERMINED BY THE3
BOARD.4
(b) T
HE BOARD SHALL ISSUE A PRESCRIPTION CERTIFICATE TO AN5
APPLICANT WHO THE BOARD DETERMINES HAS MET THE REQUIREMENTS OF6
SUBSECTION
(2)(a) OF THIS SECTION. A LICENSED PSYCHOLOGIST WITH A7
PRESCRIPTION CERTIFICATE MAY PRESCRIBE AND ADMINISTER8
PSYCHOTROPIC MEDICATION TO A PERSON IF THE LICENSED PSYCHOLOGIST :9
(I) H
OLDS A CURRENT LICENSE IN GOOD STANDING TO PRACTICE10
PSYCHOLOGY IN THIS STATE;11
(II) M
AINTAINS THE COMMERCIAL PROFESSIONAL LIABILITY12
INSURANCE REQUIRED BY SUBSECTION
(2)(a)(VI) OF THIS SECTION; AND13
(III) COMPLETES AT LEAST FORTY HOURS OF CONTINUING14
EDUCATION EVERY TWO YEARS IN THE AREAS OF PHARMACOLOGY AND15
PSYCHOPHARMACOLOGY FOR PRESCRIBING PSYCHOLOGISTS OR A GREATER16
AMOUNT AS REQUIRED BY THE BOARD .17
(3) Prescription certificate by endorsement. U PON PAYMENT OF18
THE REQUIRED LICENSING FEES AND APPROVAL OF THE APPLICATION FOR19
A PRESCRIPTION CERTIFICATE BY ENDORSEMENT , THE BOARD MAY CERTIFY20
BY ENDORSEMENT AND GRANT A PRESCRIPTION CERTIFICATE TO AN21
APPLICANT WHO HAS:22
(a) A
CURRENT LICENSE IN GOOD STANDING TO PRACTICE23
PSYCHOLOGY FROM ANOTHER STATE ; AND24
(b) (I) U
NRESTRICTED PRESCRIPTIVE AUTHORITY FROM ANOTHER25
STATE THAT IMPOSES THE EDUCATION , SUPERVISION, AND TRAINING26
REQUIREMENTS REQUIRED BY THIS SECTION AND BY RULE OF THE BOARD ;27
1071
-10- OR1
(II) T
RAINING FROM THE UNITED STATES DEPARTMENT OF2
DEFENSE PSYCHOPHARMACOLOGY DEMONSTRATION PROJECT FOR3
LICENSED PSYCHOLOGISTS OR OTHER SIMILAR PROGRAM THAT IMPOSES4
THE EDUCATION, SUPERVISION, AND TRAINING REQUIREMENTS REQUIRED5
BY THIS SECTION AND BY RULE OF THE BOARD .6(4) Rules. T HE BOARD MAY PROMULGATE RULES TO :7
(a) I
MPLEMENT PROCEDURES FOR OBTAINING
A PRESCRIPTION8
CERTIFICATE AND RENEWALS FOR THE CERTIFICATES ; AND9
(b) I
N ADDITION TO THE GROUNDS FOR DISCIPLINE IN SECTION10
12-245-224,
ESTABLISH THE GROUNDS FOR DENIAL , SUSPENSION, AND11
REVOCATION OF A PRESCRIPTION CERTIFICATE, INCLUDING FOR THE12
SUSPENSION OF A LICENSE TO PRACTICE PSYCHOLOGY UPON THE13
SUSPENSION OR REVOCATION OF A CERTIFICATE .14
(5) Prescribing and administering practices. (a) A PRESCRIBING15
PSYCHOLOGIST MAY:16
(I) P
RESCRIBE PSYCHOTROPIC MEDICATION THROUGH THE USE OF17
TELEPSYCHOLOGY; AND18
(II) P
RESCRIBE AND ADMINISTER PSYCHOTROPIC MEDICATION19
WITHIN THE RECOGNIZED SCOPE OF PRACTICE , INCLUDING ORDERING AND20
REVIEWING LABORATORY TESTS IN CONJUNCTION WITH A PRESCRIPTION21
FOR THE TREATMENT OF A MENTAL HEALTH DISORDER .22
(b) W
HEN PRESCRIBING A PSYCHOTROPIC MEDICATION FOR A23
PATIENT
, THE PRESCRIBING PSYCHOLOGIST SHALL MAINTAIN AN24
ONGOING COLLABORATIVE RELATIONSHIP WITH THE PHYSICIAN WHO25
OVERSEES THE PATIENT'S GENERAL MEDICAL CARE TO ENSURE THAT26
NECESSARY MEDICAL EXAMINATIONS ARE CONDUCTED , THE27
1071
-11- PSYCHOTROPIC MEDICATION IS APPROPRIATE FOR THE PATIENT 'S MEDICAL1
CONDITION, AND SIGNIFICANT CHANGES IN THE PATIENT 'S MEDICAL OR2
PSYCHOLOGICAL CONDITIONS ARE DISCUSSED .3
(c) (I) A
PRESCRIBING PSYCHOLOGIST
SHALL OBTAIN A RELEASE4
OF INFORMATION FROM A PATIENT OR THE PATIENT 'S LEGAL GUARDIAN5
AUTHORIZING THE PSYCHOLOGIST TO CONTACT THE PATIENT 'S PRIMARY6
TREATING PHYSICIAN, AS REQUIRED BY LAW.7
(II) I
F A PATIENT OR THE PATIENT'S
LEGAL GUARDIAN REFUSES TO8
SIGN A RELEASE OF INFORMATION FOR THE PATIENT 'S PRIMARY TREATING9
PHYSICIAN WHO OVERSEES THE PATIENT, THE PRESCRIBING PSYCHOLOGIST10
SHALL:11
(A) I
NFORM THE CLIENT OR THE CLIENT'S LEGAL GUARDIAN THAT12
THE PSYCHOLOGIST CANNOT TREAT THE PATIENT
PHARMACOLOGICALLY13
WITHOUT AN ONGOING COLLABORATIVE RELATIONSHIP WITH THE CLIENT 'S14
PRIMARY TREATING PHYSICIAN; AND15
(B) R
EFER THE PATIENT
TO ANOTHER PRESCRIBER WHO IS NOT16
REQUIRED TO MAINTAIN AN ONGOING COLLABORATIVE RELATIONSHIP17
WITH A PHYSICIAN.18
(III) B
EFORE PRESCRIBING OR ADMINISTERING A PSYCHOTROPIC
19
MEDICATION TO A PATIENT , A PRESCRIBING PSYCHOLOGIST SHALL20
COMMUNICATE TO THE PATIENT 'S PRIMARY TREATING PHYSICIAN THE21
INTENT TO PRESCRIBE OR ADMINISTER THE MEDICATION AND MUST22
RECEIVE ELECTRONIC WRITTEN AGREEMENT FROM THE PHYSICIAN THAT23
THE PRESCRIPTION FOR OR ADMINISTERING OF THE MEDICATION IS24
APPROPRIATE.25
(IV) I
F A PATIENT
DOES NOT HAVE A PRIMARY TREATING26
HEALTH-CARE PROVIDER WHO IS A LICENSED PHYSICIAN, THE PRESCRIBING27
1071
-12- PSYCHOLOGIST SHALL REFER THE PATIENT TO A LICENSED PHYSICIAN1
PRIOR TO PSYCHOPHARMACOLOGICAL TREATMENT . THE PSYCHOLOGIST2
MUST RECEIVE THE RESULTS OF THE LICENSED PHYSICIAN 'S ASSESSMENT3
AND SHALL CONTACT THE LICENSED PHYSICIAN WHO CONDUCTED THE4
ASSESSMENT PRIOR TO PRESCRIBING A PSYCHOTROPIC MEDICATION TO THE5
PATIENT.6
(V) O
NCE A COLLABORATIVE RELATIONSHIP IS ESTABLISHED WITH7
THE PRIMARY TREATING PHYSICIAN TO WHOM THE PSYCHOLOGIST8
REFERS THE PATIENT PURSUANT TO SUBSECTION (5)(c)(IV) OF THIS9
SECTION, THE PRESCRIBING PSYCHOLOGIST SHALL MAINTAIN AND10
DOCUMENT THE COLLABORATIVE RELATIONSHIP TO ENSURE THAT11
RELEVANT INFORMATION IS EXC HANGED ACCURATELY AND IN A TIMELY12
MANNER. THE ONGOING COLLABORATIVE RELATIONSHIP MUST BE13
MAINTAINED ACCORDING TO THE FOLLOWING :14
(A) A
PRESCRIBING PSYCHOLOGIST
SHALL NOTIFY THE 15
PRIMARY TREATING PHYSICIAN TO WHOM THE PSYCHOLOGIST REFERS THE16
CLIENT PURSUANT TO SUBSECTION (5)(c)(IV) OF THIS SECTION IF THE17
PATIENT EXPERIENCES ADVERSE EFFECTS FROM MEDICATIONS PRESCRIBED18
BY THE PSYCHOLOGIST THAT MAY BE RELATED TO THE PATIENT 'S MEDICAL19
CONDITION FOR WHICH THE PATIENT IS BEING TREATED BY THE PRIMARY20
TREATING PHYSICIAN;21
(B) A
PRESCRIBING PSYCHOLOGIST
SHALL NOTIFY THE PRIMARY22
TREATING PHYSICIAN TO WHOM THE PSYCHOLOGIST REFERS THE PATIENT23
PURSUANT TO SUBSECTION (5)(c)(IV) OF THIS SECTION REGARDING24
RESULTS OF LABORATORY TESTS RELATED TO THE MEDICAL CARE OF THE25
PATIENT THAT HAVE BEEN ORDERED BY THE PSYCHOLOGIST IN26
CONJUNCTION WITH PSYCHOPHARMACOLOGICAL TREATMENT ; AND27
1071
-13- (C) A PRESCRIBING PSYCHOLOGIST SHALL NOTIFY A 1
PRIMARY TREATING PHYSICIAN TO WHOM THE PSYCHOLOGIST REFERS THE2
PATIENT PURSUANT TO SUBSECTION (6)(c)(IV) OF THIS SECTION AS SOON3
AS POSSIBLE OF ANY CHANGE IN THE PATIENT 'S PSYCHOLOGICAL4
CONDITION THAT MAY AFFECT THE MEDICAL TREATMENT BEING PROVIDED5
BY THE PHYSICIAN.6
(d) I
N ACCORDANCE WITH SECTION 12-245-203, A PRESCRIBING7
PSYCHOLOGIST
SHALL NOT PRESCRIBE MEDICATION TO A PATIENT8
UNLESS IT IS WITHIN THE PRESCRIBING PSYCHOLOGIST 'S SCOPE OF9
TRAINING, EXPERIENCE, AND COMPETENCE.10
11
(6) Complaints. THE COLORADO MEDICAL BOARD SHALL REVIEW12
COMPLAINTS IN THE NORMAL COURSE OF BUSINESS AND MAKE13
RECOMMENDATIONS TO THE BOARD REGARDING VIOLATIONS OF THIS14
SECTION AND DISCIPLINARY ACTION TO BE TAKEN BY THE BOARD , IF15
APPLICABLE.16
(7) Prescription information. T HE ENTITY THAT DISPENSES A17
PRESCRIPTION FOR A PSYCHOTROPIC MEDICATION WRITTEN BY A18
PRESCRIBING PSYCHOLOGIST SHALL COMPLY WITH APPLICABLE STATE AND19
FEDERAL LAWS.20
(8) Disclosure. A PRESCRIBING PSYCHOLOGIST SHALL DISCLOSE TO21
EACH PATIENT TO WHOM THE PSYCHOLOGIST PRESCRIBES A PSYCHOTROPIC22
MEDICATION THAT THE PSYCHOLOGIST IS NOT A PHYSICIAN LICENSED TO23
PRACTICE MEDICINE, AND WILL BE SHARING INFORMATION REGARDING THE24
DELIVERY OF PRESCRIBING SERVICES TO THE PATIENT'S PRIMARY TREATING25
HEALTH-CARE PROVIDER AS REQUIRED BY LAW. THE DISCLOSURE MUST BE26
IN WRITING, SIGNED BY THE PATIENT, AND KEPT IN THE PATIENT'S RECORD27
1071
-14- ON FILE WITH THE PSYCHOLOGIST.1
(9) A PRESCRIBING PSYCHOLOGIST SHALL NOT PRESCRIBE ANY2
DRUG TO A PERSON UNDER EIGHTEEN YEARS OF AGE WITHOUT INFORMED3
CONSENT FROM THE PARENT OR GUARDIAN OF SUCH PERSON .4
(10) Drug enforcement administration number. E
ACH5
PRESCRIBING PSYCHOLOGIST
SHALL FILE WITH THE BOARD, IN THE FORM6
AND MANNER DETERMINED BY THE BOARD , ALL INDIVIDUAL FEDERAL7
DRUG ENFORCEMENT ADMINISTRATION REGISTRATIONS AND NUMBERS .8
T
HE BOARD AND THE COLORADO MEDICAL BOARD SHALL MAINTAIN9
CURRENT RECORDS OF EVERY PSYCHOLOGIST WITH PRESCRIPTIVE10
AUTHORITY, INCLUDING THE PSYCHOLOGIST 'S REGISTRATIONS AND11
NUMBERS.12
(11) (a) T
HE DEPARTMENT SHALL ANNUALLY COLLECT13
INFORMATION REGARDING :14
(I) THE NUMBER OF PRESCRIBING PSYCHOLOGISTS IN THIS STATE;15
(II) T
HE LOCATION OF PRACTICE OF EACH PRESCRIBING16 PSYCHOLOGIST;17
(III) T
HE NUMBER OF PRESCRIBING PSYCHOLOGISTS
WHO18
ACCEPT CLIENTS WITH PRIVATE HEALTH INSURANCE OR WHO ARE19
ENROLLED IN THE MEDICAL ASSISTANCE PROGRAM ESTABLISHED20
PURSUANT TO PARTS 4 TO 6 OF TITLE 25.5;21
(IV) T
HE TYPE OF PRACTICE OF EACH PRESCRIBING
PSYCHOLOGIST;22
AND 23
(V) T
HE POPULATIONS SERVED BY EACH PRESCRIBING24PSYCHOLOGIST.25
(b) T
HE DEPARTMENT SHALL COMPILE THE INFORMATION AND26
SHARE IT WITH THE OFFICE IN THE DEPARTMENT THAT IS RESPONSIBLE FOR27
1071
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OFFICE SHALL INCLUDE THE INFORMATION IN EACH SCHEDULED SUNSET2
REVIEW CONCERNING THE REGULATION OF MENTAL HEALTH3
PROFESSIONALS PURSUANT TO SECTION 24-34-104.4
SECTION 6. Act subject to petition - effective date. This act5
takes effect at 12:01 a.m. on the day following the expiration of the6
ninety-day period after final adjournment of the general assembly; except7
that, if a referendum petition is filed pursuant to section 1 (3) of article V8
of the state constitution against this act or an item, section, or part of this9
act within such period, then the act, item, section, or part will not take10
effect unless approved by the people at the general election to be held in11
November 2024 and, in such case, will take effect on the date of the12
official declaration of the vote thereon by the governor.13
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