HOUSE BILL 23-1071
BY REPRESENTATIVE(S) Amabile and Bradfield, Armagost, Boesenecker,
Brown, deGruy Kennedy, Dickson, Duran, English, Epps, Froelich, Garcia,
Gonzales-Gutierrez, Jodeh, Lindsay, Lindstedt, Mabrey, Marshall, McCormick,
McLachlan, Ricks, Velasco, Weinberg, Young, McCluskie, Bird, Hamrick,
Holtorf, Kipp, Parenti, Sharbini, Sirota, Snyder, Weissman;
also SENATOR(S) 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.
CONCERNING THE AUTHORITY OF A LICENSED PSYCHOLOGIST TO PRESCRIBE
PSYCHOTROPIC MEDICATION FOR THE TREATMENT OF MENTAL
HEALTH DISORDERS
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 12-245-224, add (3) as
follows:
12-245-224. Prohibited activities - related provisions - definition.
(3) (a) T
HE BOARD SHALL DESIGN AND SEND A QUESTIONNAIRE TO ALL
LICENSED PSYCHOLOGISTS WITH PRESCRIPTIVE AUTHORITY WHO APPLY FOR
LICENSE RENEWAL
. EACH APPLICANT FOR LICENSE RENEWAL SHALL
COMPLETE THE BOARD
-DESIGNED QUESTIONNAIRE. THE PURPOSE OF THE
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. QUESTIONNAIRE IS TO DETERMINE WHETHER A LICENSEE HAS ACTED IN
VIOLATION OF THIS PART
2 OR HAS BEEN DISCIPLINED FOR ANY ACTION THAT
MIGHT BE CONSIDERED A VIOLATION OF THIS PART
2 OR THAT MIGHT MAKE
THE LICENSEE UNFIT TO PRACTICE PSYCHOLOGY WITH REASONABLE CARE
AND SAFETY
. THE BOARD SHALL INCLUDE ON THE QUESTIONNAIRE A
QUESTION REGARDING WHETHER THE LICENSEE HAS COMPLIED WITH SECTION
12-30-111 AND IS IN COMPLIANCE WITH SECTION 12-280-403 (2)(a). IF AN
APPLICANT FAILS TO ANSWER THE QUESTIONNAIRE ACCURATELY
, THE
FAILURE CONSTITUTES GROUNDS FOR DISCIPLINE UNDER THIS SECTION
. THE
BOARD MAY INCLUDE THE COST OF DEVELOPING AND REVIEWING THE
QUESTIONNAIRE IN THE FEE PAID PURSUANT TO SECTION
12-245-205. THE
BOARD MAY DENY AN APPLICATION FOR LICENSE RENEWAL THAT DOES NOT
ACCOMPANY AN ACCURATELY COMPLETED QUESTIONNAIRE
.
(b) O
N AND AFTER JULY 1, 2024, AS A CONDITION OF RENEWAL OF A
LICENSE
, EACH LICENSEE SHALL ATTEST THAT THE LICENSEE IS IN
COMPLIANCE WITH SECTION
12-280-403 (2)(a) AND THAT THE LICENSEE IS
AWARE OF THE PENALTIES FOR NONCOMPLIANCE WITH THAT SECTION
.
SECTION 2. In Colorado Revised Statutes, 12-30-109, amend
(1)(b), (4)(e), and (4)(f); and add (4)(g) as follows:
12-30-109. Prescriptions - limitations - definition - rules.
(1) (b) Prior to prescribing any opioid or benzodiazepine prescription
pursuant to this section, a prescriber must comply with section 12-280-404
(4). Failure to comply with section 12-280-404 (4) constitutes
unprofessional conduct or grounds for discipline, as applicable, under
section 12-220-201, 12-240-121, 12-245-224, 12-255-120, 12-275-120,
12-290-108, or 12-315-112, as applicable to the particular prescriber, only
if the prescriber repeatedly fails to comply.
(4) As used in this section, "prescriber" means:
(e) A podiatrist licensed pursuant to article 290 of this title 12; or
(f) A veterinarian licensed pursuant to part 1 of article 315 of this
title 12;
OR
(g) A LICENSED PSYCHOLOGIST WITH PRESCRIPTIVE AUTHORITY
PURSUANT TO SECTION
12-245-309.
PAGE 2-HOUSE BILL 23-1071 SECTION 3. In Colorado Revised Statutes, 12-245-301, amend
(4), (5), and (6); and add (7), (8), (9), (10), and (11) as follows:
12-245-301. Definitions. As used in this part 3, unless the context
otherwise requires:
(4) "Licensed psychologist" means a person licensed under this part
3 "INDEPENDENTLY LICENSED PRESCRIBING PHYSICIAN " MEANS A PHYSICIAN
LICENSED PURSUANT TO ARTICLE
240 OF THIS TITLE 12 WHO SUPERVISES
LICENSED PSYCHOLOGISTS PARTICIPATING IN PRACTICUMS DESCRIBED IN
SECTION
12-245-309 (2)(a)(IV).
(5) "Professional psychological training program" means a doctoraltraining program that:
(a) Is a planned program of study that reflects an integration of the
science and practice of psychology; and
(b) For applicants receiving their terminal degrees after 1990, is
designated as a doctoral program in psychology by the Association of State
and Provincial Psychology Boards or the National Register of Health
Service Psychologists, or is accredited by the American Psychological
Association or Canadian Psychological Association "LICENSED
PSYCHOLOGIST
" MEANS A PERSON LICENSED PURSUANT TO THIS PART 3.
(6) "Telepsychology" means the provision of psychological servicesusing telecommunications technologies "NARCOTIC DRUG" HAS THE SAME
MEANING AS SET FORTH IN SECTION
18-18-102 (20).
(7) "P
RESCRIBING PSYCHOLOGIST " MEANS A LICENSED
PSYCHOLOGIST WHO HOLDS A PRESCRIPTION CERTIFICATE
.
(8) "P
RESCRIPTION CERTIFICATE" MEANS A DOCUMENT ISSUED BY
THE BOARD
, WITH APPROVAL OF THE COLORADO MEDICAL BOARD , TO A
LICENSED PSYCHOLOGIST THAT PERMITS THE LICENSED PSYCHOLOGIST TO
PRESCRIBE PSYCHOTROPIC MEDICATIONS PURSUANT TO THIS PART
3.
(9) "P
ROFESSIONAL PSYCHOLOGICAL TRAINING PROGRAM " MEANS A
DOCTORAL TRAINING PROGRAM THAT
:
PAGE 3-HOUSE BILL 23-1071 (a) IS A PLANNED PROGRAM OF STUDY THAT REFLECTS AN
INTEGRATION OF THE SCIENCE AND PRACTICE OF PSYCHOLOGY
; AND
(b) FOR APPLICANTS RECEIVING THEIR TERMINAL DEGREES AFTER
1990, IS DESIGNATED AS A DOCTORAL PROGRAM IN PSYCHOLOGY BY THE
ASSOCIATION OF STATE AND PROVINCIAL PSYCHOLOGY BOARDS OR THE
NATIONAL REGISTER OF HEALTH SERVICE PSYCHOLOGISTS OR IS
ACCREDITED BY THE
AMERICAN PSYCHOLOGICAL ASSOCIATION OR
CANADIAN PSYCHOLOGICAL ASSOCIATION.
(10) (a) "P
SYCHOTROPIC MEDICATION " MEANS A CONTROLLED
SUBSTANCE OR DANGEROUS DRUG
:
(I) T
HAT MAY NOT BE DISPENSED OR ADMINISTERED WITHOUT A
PRESCRIPTION
;
(II) F
OR WHICH THE PRIMARY INDICATION FOR USE IS APPROVED BY
THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE TREATMENT OF
MENTAL HEALTH DISORDERS
; AND
(III) THAT IS LISTED AS A PSYCHOTHERAPEUTIC AGENT IN THE MOST
RECENT EDITION OF
"DRUG FACTS AND COMPARISONS" OR IN THE AMERICAN
HOSPITAL FORMULARY SERVICE DRUG INFORMATION COMPENDIUM
.
(b) "P
SYCHOTROPIC MEDICATION" DOES NOT INCLUDE A NARCOTIC
DRUG
.
(11) "T
ELEPSYCHOLOGY" MEANS THE PROVISION OF PSYCHOLOGICAL
SERVICES USING TELECOMMUNICATIONS TECHNOLOGIES
.
SECTION 4. In Colorado Revised Statutes, 12-245-302, amend
(2)(a) as follows:
12-245-302. State board of psychologist examiners - created -
members - terms. (2) The board consists of seven members who are
residents of the state of Colorado as follows:
(a) Four board members must be licensed psychologists, at least two
of whom shall be engaged in the direct practice of psychology
AND ONE OF
WHOM IS A PRESCRIBING PSYCHOLOGIST
; except that, if, after a good-faith
PAGE 4-HOUSE BILL 23-1071 attempt, the governor determines that an applicant for membership on the
board pursuant to this subsection (2)(a) who is engaged in the direct
practice of psychology
OR WHO IS A PRESCRIBING PSYCHOLOGIST is not
available to serve on the board for a particular term, the governor may
appoint a licensed psychologist who is not engaged in the direct practice of
psychology
OR WHO IS NOT A PRESCRIBING PSYCHOLOGIST .
SECTION 5. In Colorado Revised Statutes, add 12-245-309 as
follows:
12-245-309. Prescription authority - psychotropic drugs -
prescription certificates - requirements - issuance, denial, renewal, and
revocation of certification - rules. (1) Prescribing and administering
psychotropic medications. (a) A
LICENSED PSYCHOLOGIST MAY ONLY
ADMINISTER OR PRESCRIBE PSYCHOTROPIC MEDICATION TO A PERSON
PURSUANT TO THE REQUIREMENTS AND LIMITATIONS SET FORTH IN THIS
SECTION
.
(b) A
LICENSED PSYCHOLOGIST MUST HOLD A PRESCRIPTION
CERTIFICATE IN ORDER TO PRESCRIBE OR ADMINISTER PSYCHOTROPIC
MEDICATION
.
(2) Prescription certificate. (a) A
LICENSED PSYCHOLOGIST MAY
APPLY TO THE BOARD FOR A PRESCRIPTION CERTIFICATE IN THE FORM AND
MANNER APPROVED BY THE BOARD
. THE APPLICANT MUST INCLUDE
SATISFACTORY EVIDENCE THAT THE APPLICANT
:
(I) H
AS COMPLETED A DOCTORAL PROGRAM IN PSYCHOLOGY FROM
AN APPROVED SCHOOL OR FROM A DOCTORAL PROGRAM THAT WAS NOT
ACCREDITED AT THE TIME OF THE APPLICANT
'S GRADUATION BUT MEETS THE
PROFESSIONAL STANDARDS APPROVED BY THE BOARD
;
(II) H
AS SUCCESSFULLY COMPLETED A MASTER OF SCIENCE IN A
CLINICAL PSYCHOPHARMACOLOGY PROGRAM THAT IS DESIGNATED BY THE
AMERICAN PSYCHOLOGICAL ASSOCIATION OR ANY EDUCATION AS SET
FORTH IN RULES PROMULGATED BY THE BOARD WITH APPROVAL OF THE
COLORADO MEDICAL BOARD AND THAT CONSISTS OF DIDACTIC INSTRUCTION
OF AT LEAST FOUR HUNDRED FIFTY CLASSROOM HOURS IN AT LEAST THE
FOLLOWING CORE AREAS OF INSTRUCTION
:
PAGE 5-HOUSE BILL 23-1071 (A) NEUROSCIENCE;
(B) P
HARMACOLOGY;
(C) P
SYCHOPHARMACOLOGY ;
(D) P
HYSIOLOGY;
(E) P
ATHOPHYSIOLOGY;
(F) A
PPROPRIATE AND RELEVANT PHYSICAL AND LABORATORY
ASSESSMENT
;
(G) C
LINICAL PHARMACOTHERAPEUTICS ; AND
(H) BASIC SCIENCES, INCLUDING GENERAL BIOLOGY, MICROBIOLOGY,
CELL AND MOLECULAR BIOLOGY , HUMAN ANATOMY, HUMAN PHYSIOLOGY,
BIOCHEMISTRY, AND GENETICS, AS PART OF OR PRIOR TO ENROLLMENT IN A
MASTER OF SCIENCE DEGREE PROGRAM IN CLINICAL
PSYCHOPHARMACOLOGY
.
(III) H
AS PASSED THE PSYCHOPHARMACOLOGY EXAMINATION FOR
PSYCHOLOGISTS DEVELOPED BY THE
ASSOCIATION OF STATE AND
PROVINCIAL PSYCHOLOGY BOARDS, OR ITS SUCCESSOR ORGANIZATION;
(IV) H
AS BEEN CERTIFIED BY EACH OF THE APPLICANT 'S
INDEPENDENTLY LICENSED PRESCRIBING PHYSICIANS AS HAVING
SUCCESSFULLY COMPLETED
, IN NOT LESS THAN TWELVE MONTHS BUT NO
MORE THAN TWENTY
-FOUR MONTHS, A SUPERVISED AND RELEVANT CLINICAL
EXPERIENCE APPROVED BY THE BOARD AND THE
COLORADO MEDICAL BOARD
THAT CONSISTS OF
:
(A) A
ONE-TO-ONE, IN-PERSON SUPERVISED PRACTICUM, OF AT LEAST
SEVEN HUNDRED FIFTY HOURS TREATING AT LEAST ONE HUNDRED FIFTY
CLIENTS WITH MENTAL HEALTH DISORDERS UNDER THE SUPERVISION OF ANY
ONE OR A COMBINATION OF APPROPRIATELY TRAINED INDEPENDENTLY
LICENSED PRESCRIBING PHYSICIANS WHO HAVE BEEN DETERMINED BY THE
BOARD AND THE
COLORADO MEDICAL BOARD AS COMPETENT TO TRAIN THE
APPLICANT IN THE TREATMENT OF A DIVERSE CLIENT POPULATION
;
PAGE 6-HOUSE BILL 23-1071 (B) INCLUDED IN THE SEVEN HUNDRED FIFTY HOURS REQUIRED IN
SUBSECTION
(2)(a)(IV)(A) OF THIS SECTION, AT LEAST AN EIGHTY-HOUR
PRACTICUM IN OBSERVATIONAL CLINICAL ASSESSMENT AND
PATHOPHYSIOLOGY UNDER THE SUPERVISION OF AN INDEPENDENTLY
LICENSED PRESCRIBING PHYSICIAN
; AND
(C) IF THE LICENSED PSYCHOLOGIST IS WORKING WITH PATIENTS
UNDER EIGHTEEN YEARS OF AGE OR OVER SIXTY
-FIVE YEARS OF AGE, AT
LEAST TWO HUNDRED FIFTY OF THE SEVEN HUNDRED FIFTY HOURS REQUIRED
IN SUBSECTION
(2)(a)(IV)(A) OF THIS SECTION UNDER THE SUPERVISION OF
ONE OR MORE INDEPENDENTLY LICENSED PRESCRIBING PHYSICIANS WHO
WORK WITH PATIENTS UNDER EIGHTEEN YEARS OF AGE OR OVER SIXTY
-FIVE
YEARS OF AGE
, WHICHEVER IS APPLICABLE, IF THE LICENSED PSYCHOLOGIST
IS WORKING WITH SUCH PATIENTS
;
(V) H
AS SUCCESSFULLY UNDERGONE A PROCESS OF INDEPENDENT
PEER REVIEW AS SET FORTH IN RULE OF THE BOARD AND APPROVED BY THE
COLORADO MEDICAL BOARD ;
(VI) M
AINTAINS COMMERCIAL PROFESSIONAL LIABILITY INSURANCE
WITH AN INSURER AUTHORIZED TO DO BUSINESS IN THIS STATE OR AN
ELIGIBLE NONADMITTED INSURER AUTHORIZED TO PROVIDE INSURANCE
PURSUANT TO ARTICLE
5 OF TITLE 10 IN A MINIMUM INDEMNITY AMOUNT OF
ONE MILLION DOLLARS PER INCIDENT AND THREE MILLION DOLLARS ANNUAL
AGGREGATE PER YEAR
; AND
(VII) MEETS ALL OTHER REQUIREMENTS AS DETERMINED BY THE
BOARD
.
(b) T
HE BOARD SHALL ISSUE A PRESCRIPTION CERTIFICATE TO AN
APPLICANT WHO THE BOARD DETERMINES HAS MET THE REQUIREMENTS OF
SUBSECTION
(2)(a) OF THIS SECTION. A LICENSED PSYCHOLOGIST WITH A
PRESCRIPTION CERTIFICATE MAY PRESCRIBE AND ADMINISTER PSYCHOTROPIC
MEDICATION TO A PERSON IF THE LICENSED PSYCHOLOGIST
:
(I) H
OLDS A CURRENT LICENSE IN GOOD STANDING TO PRACTICE
PSYCHOLOGY IN THIS STATE
;
(II) M
AINTAINS THE COMMERCIAL PROFESSIONAL LIABILITY
INSURANCE REQUIRED BY SUBSECTION
(2)(a)(VI) OF THIS SECTION; AND
PAGE 7-HOUSE BILL 23-1071 (III) COMPLETES AT LEAST FORTY HOURS OF CONTINUING
EDUCATION EVERY TWO YEARS IN THE AREAS OF PHARMACOLOGY AND
PSYCHOPHARMACOLOGY FOR PRESCRIBING PSYCHOLOGISTS OR A GREATER
AMOUNT AS REQUIRED BY THE BOARD
.
(3) Prescription certificate by endorsement. U
PON PAYMENT OF
THE REQUIRED LICENSING FEES AND APPROVAL OF THE APPLICATION FOR A
PRESCRIPTION CERTIFICATE BY ENDORSEMENT
, THE BOARD MAY CERTIFY BY
ENDORSEMENT AND GRANT A PRESCRIPTION CERTIFICATE TO AN APPLICANT
WHO HAS
:
(a) A
CURRENT LICENSE IN GOOD STANDING TO PRACTICE
PSYCHOLOGY FROM ANOTHER STATE
; AND
(b) (I) UNRESTRICTED PRESCRIPTIVE AUTHORITY FROM ANOTHER
STATE THAT IMPOSES THE EDUCATION
, SUPERVISION, AND TRAINING
REQUIREMENTS REQUIRED BY THIS SECTION AND BY RULE OF THE BOARD
; OR
(II) TRAINING FROM THE UNITED STATES DEPARTMENT OF DEFENSE
PSYCHOPHARMACOLOGY DEMONSTRATION PROJECT FOR LICENSED
PSYCHOLOGISTS OR OTHER SIMILAR PROGRAM THAT IMPOSES THE
EDUCATION
, SUPERVISION, AND TRAINING REQUIREMENTS REQUIRED BY THIS
SECTION AND BY RULE OF THE BOARD
.
(4) Rules. T
HE BOARD MAY PROMULGATE RULES TO :
(a) I
MPLEMENT PROCEDURES FOR OBTAINING A PRESCRIPTION
CERTIFICATE AND RENEWALS FOR THE CERTIFICATES
; AND
(b) IN ADDITION TO THE GROUNDS FOR DISCIPLINE IN SECTION
12-245-224, ESTABLISH THE GROUNDS FOR DENIAL , SUSPENSION, AND
REVOCATION OF A PRESCRIPTION CERTIFICATE
, INCLUDING FOR THE
SUSPENSION OF A LICENSE TO PRACTICE PSYCHOLOGY UPON THE SUSPENSION
OR REVOCATION OF A CERTIFICATE
.
(5) Prescribing and administering practices. (a) A
PRESCRIBING
PSYCHOLOGIST MAY
:
(I) P
RESCRIBE PSYCHOTROPIC MEDICATION THROUGH THE USE OF
TELEPSYCHOLOGY
; AND
PAGE 8-HOUSE BILL 23-1071 (II) PRESCRIBE AND ADMINISTER PSYCHOTROPIC MEDICATION WITHIN
THE RECOGNIZED SCOPE OF PRACTICE
, INCLUDING ORDERING AND REVIEWING
LABORATORY TESTS IN CONJUNCTION WITH A PRESCRIPTION FOR THE
TREATMENT OF A MENTAL HEALTH DISORDER
.
(b) W
HEN PRESCRIBING A PSYCHOTROPIC MEDICATION FOR A
PATIENT
, THE PRESCRIBING PSYCHOLOGIST SHALL MAINTAIN AN ONGOING
COLLABORATIVE RELATIONSHIP WITH THE PHYSICIAN WHO OVERSEES THE
PATIENT
'S GENERAL MEDICAL CARE TO ENSURE THAT NECESSARY MEDICAL
EXAMINATIONS ARE CONDUCTED
, THE PSYCHOTROPIC MEDICATION IS
APPROPRIATE FOR THE PATIENT
'S MEDICAL CONDITION, AND SIGNIFICANT
CHANGES IN THE PATIENT
'S MEDICAL OR PSYCHOLOGICAL CONDITIONS ARE
DISCUSSED
.
(c) (I) A
PRESCRIBING PSYCHOLOGIST SHALL OBTAIN A RELEASE OF
INFORMATION FROM A PATIENT OR THE PATIENT
'S LEGAL GUARDIAN
AUTHORIZING THE PSYCHOLOGIST TO CONTACT THE PATIENT
'S PRIMARY
TREATING PHYSICIAN
, AS REQUIRED BY LAW.
(II) I
F A PATIENT OR THE PATIENT'S LEGAL GUARDIAN REFUSES TO
SIGN A RELEASE OF INFORMATION FOR THE PATIENT
'S PRIMARY TREATING
PHYSICIAN WHO OVERSEES THE PATIENT
, THE PRESCRIBING PSYCHOLOGIST
SHALL
:
(A) I
NFORM THE CLIENT OR THE CLIENT 'S LEGAL GUARDIAN THAT
THE PSYCHOLOGIST CANNOT TREAT THE PATIENT PHARMACOLOGICALLY
WITHOUT AN ONGOING COLLABORATIVE RELATIONSHIP WITH THE CLIENT
'S
PRIMARY TREATING PHYSICIAN
; AND
(B) REFER THE PATIENT TO ANOTHER PRESCRIBER WHO IS NOT
REQUIRED TO MAINTAIN AN ONGOING COLLABORATIVE RELATIONSHIP WITH
A PHYSICIAN
.
(III) B
EFORE PRESCRIBING OR ADMINISTERING A PSYCHOTROPIC
MEDICATION TO A PATIENT
, A PRESCRIBING PSYCHOLOGIST SHALL
COMMUNICATE TO THE PATIENT
'S PRIMARY TREATING PHYSICIAN THE INTENT
TO PRESCRIBE OR ADMINISTER THE MEDICATION AND MUST RECEIVE
ELECTRONIC WRITTEN AGREEMENT FROM THE PHYSICIAN THAT THE
PRESCRIPTION FOR OR ADMINISTERING OF THE MEDICATION IS APPROPRIATE
.
PAGE 9-HOUSE BILL 23-1071 (IV) IF A PATIENT DOES NOT HAVE A PRIMARY TREATING
HEALTH
-CARE PROVIDER WHO IS A LICENSED PHYSICIAN , THE PRESCRIBING
PSYCHOLOGIST SHALL REFER THE PATIENT TO A LICENSED PHYSICIAN PRIOR
TO PSYCHOPHARMACOLOGICAL TREATMENT
. THE PSYCHOLOGIST MUST
RECEIVE THE RESULTS OF THE LICENSED PHYSICIAN
'S ASSESSMENT AND
SHALL CONTACT THE LICENSED PHYSICIAN WHO CONDUCTED THE
ASSESSMENT PRIOR TO PRESCRIBING A PSYCHOTROPIC MEDICATION TO THE
PATIENT
.
(V) O
NCE A COLLABORATIVE RELATIONSHIP IS ESTABLISHED WITH
THE PRIMARY TREATING PHYSICIAN TO WHOM THE PSYCHOLOGIST REFERS
THE PATIENT PURSUANT TO SUBSECTION
(5)(c)(IV) OF THIS SECTION, THE
PRESCRIBING PSYCHOLOGIST SHALL MAINTAIN AND DOCUMENT THE
COLLABORATIVE RELATIONSHIP TO ENSURE THAT RELEVANT INFORMATION
IS EXCHANGED ACCURATELY AND IN A TIMELY MANNER
. THE ONGOING
COLLABORATIVE RELATIONSHIP MUST BE MAINTAINED ACCORDING TO THE
FOLLOWING
:
(A) A
PRESCRIBING PSYCHOLOGIST SHALL NOTIFY THE PRIMARY
TREATING PHYSICIAN TO WHOM THE PSYCHOLOGIST REFERS THE CLIENT
PURSUANT TO SUBSECTION
(5)(c)(IV) OF THIS SECTION IF THE PATIENT
EXPERIENCES ADVERSE EFFECTS FROM MEDICATIONS PRESCRIBED BY THE
PSYCHOLOGIST THAT MAY BE RELATED TO THE PATIENT
'S MEDICAL
CONDITION FOR WHICH THE PATIENT IS BEING TREATED BY THE PRIMARY
TREATING PHYSICIAN
;
(B) A
PRESCRIBING PSYCHOLOGIST SHALL NOTIFY THE PRIMARY
TREATING PHYSICIAN TO WHOM THE PSYCHOLOGIST REFERS THE PATIENT
PURSUANT TO SUBSECTION
(5)(c)(IV) OF THIS SECTION REGARDING RESULTS
OF LABORATORY TESTS RELATED TO THE MEDICAL CARE OF THE PATIENT
THAT HAVE BEEN ORDERED BY THE PSYCHOLOGIST IN CONJUNCTION WITH
PSYCHOPHARMACOLOGICAL TREATMENT
; AND
(C) A PRESCRIBING PSYCHOLOGIST SHALL NOTIFY A PRIMARY
TREATING PHYSICIAN TO WHOM THE PSYCHOLOGIST REFERS THE PATIENT
PURSUANT TO SUBSECTION
(5)(c)(IV) OF THIS SECTION AS SOON AS POSSIBLE
OF ANY CHANGE IN THE PATIENT
'S PSYCHOLOGICAL CONDITION THAT MAY
AFFECT THE MEDICAL TREATMENT BEING PROVIDED BY THE PHYSICIAN
.
(d) I
N ACCORDANCE WITH SECTION 12-245-203, A PRESCRIBING
PAGE 10-HOUSE BILL 23-1071 PSYCHOLOGIST SHALL NOT PRESCRIBE MEDICATION TO A PATIENT UNLESS IT
IS WITHIN THE PRESCRIBING PSYCHOLOGIST
'S SCOPE OF TRAINING ,
EXPERIENCE, AND COMPETENCE.
(6) Complaints. T
HE COLORADO MEDICAL BOARD SHALL REVIEW
COMPLAINTS IN THE NORMAL COURSE OF BUSINESS AND MAKE
RECOMMENDATIONS TO THE BOARD REGARDING VIOLATIONS OF THIS
SECTION AND DISCIPLINARY ACTION TO BE TAKEN BY THE BOARD
, IF
APPLICABLE
.
(7) Prescription information. T
HE ENTITY THAT DISPENSES A
PRESCRIPTION FOR A PSYCHOTROPIC MEDICATION WRITTEN BY A
PRESCRIBING PSYCHOLOGIST SHALL COMPLY WITH APPLICABLE STATE AND
FEDERAL LAWS
.
(8) Disclosure. A
PRESCRIBING PSYCHOLOGIST SHALL DISCLOSE TO
EACH PATIENT TO WHOM THE PSYCHOLOGIST PRESCRIBES A PSYCHOTROPIC
MEDICATION THAT THE PSYCHOLOGIST IS NOT A PHYSICIAN LICENSED TO
PRACTICE MEDICINE
, AND WILL BE SHARING INFORMATION REGARDING THE
DELIVERY OF PRESCRIBING SERVICES TO THE PATIENT
'S PRIMARY TREATING
HEALTH
-CARE PROVIDER AS REQUIRED BY LAW . THE DISCLOSURE MUST BE
IN WRITING
, SIGNED BY THE PATIENT, AND KEPT IN THE PATIENT'S RECORD ON
FILE WITH THE PSYCHOLOGIST
.
(9) A
PRESCRIBING PSYCHOLOGIST SHALL NOT PRESCRIBE ANY DRUG
TO A PERSON UNDER EIGHTEEN YEARS OF AGE WITHOUT INFORMED CONSENT
FROM THE PARENT OR GUARDIAN OF SUCH PERSON
.
(10) Drug enforcement administration number. E
ACH
PRESCRIBING PSYCHOLOGIST SHALL FILE WITH THE BOARD
, IN THE FORM AND
MANNER DETERMINED BY THE BOARD
, ALL INDIVIDUAL FEDERAL DRUG
ENFORCEMENT ADMINISTRATION REGISTRATIONS AND NUMBERS
. THE BOARD
AND THE
COLORADO MEDICAL BOARD SHALL MAINTAIN CURRENT RECORDS
OF EVERY PSYCHOLOGIST WITH PRESCRIPTIVE AUTHORITY
, INCLUDING THE
PSYCHOLOGIST
'S REGISTRATIONS AND NUMBERS .
(11) (a) T
HE DEPARTMENT SHALL ANNUALLY COLLECT INFORMATION
REGARDING
:
(I) T
HE NUMBER OF PRESCRIBING PSYCHOLOGISTS IN THIS STATE ;
PAGE 11-HOUSE BILL 23-1071 (II) THE LOCATION OF PRACTICE OF EACH PRESCRIBING
PSYCHOLOGIST
;
(III) T
HE NUMBER OF PRESCRIBING PSYCHOLOGISTS WHO ACCEPT
CLIENTS WITH PRIVATE HEALTH INSURANCE OR WHO ARE ENROLLED IN THE
MEDICAL ASSISTANCE PROGRAM ESTABLISHED PURSUANT TO PARTS
4 TO 6
OF TITLE 25.5;
(IV) T
HE TYPE OF PRACTICE OF EACH PRESCRIBING PSYCHOLOGIST ;
AND
(V) THE POPULATIONS SERVED BY EACH PRESCRIBING
PSYCHOLOGIST
.
(b) T
HE DEPARTMENT SHALL COMPILE THE INFORMATION AND SHARE
IT WITH THE OFFICE IN THE DEPARTMENT THAT IS RESPONSIBLE FOR
CONDUCTING SUNSET REVIEWS PURSUANT TO SECTION
24-34-104. THE
OFFICE SHALL INCLUDE THE INFORMATION IN EACH SCHEDULED SUNSET
REVIEW CONCERNING THE REGULATION OF MENTAL HEALTH PROFESSIONALS
PURSUANT TO SECTION
24-34-104.
SECTION 6. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 12-HOUSE BILL 23-1071 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 13-HOUSE BILL 23-1071