Page 1 January 27, 2023 HB 23-1071 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Fiscal Note Drafting Number: Prime Sponsors: LLS 23-0051 Rep. Amabile; Bradfield Sen. Simpson; Fenberg Date: Bill Status: Fiscal Analyst: January 27, 2023 House Public & Behavioral Health Shukria Maktabi | 303-866-4720 shukria.maktabi@coleg.gov Bill Topic: LICENSED PSYCHOLOGIST PRESCRIPTIVE AUTHORITY Summary of Fiscal Impact: ☒ State Revenue ☒ State Expenditure ☐ State Transfer ☐ TABOR Refund ☐ Local Government ☐ Statutory Public Entity The bill allows licensed psychologists to obtain certification to prescribe psychotropic medications, expands the State Board of Psychologist Examiners, and requires that two members on the board be prescribing psychologists. The bill minimally increases state revenue and workload on an ongoing basis. Appropriation Summary: No appropriation is required. Fiscal Note Status: The fiscal note reflects the introduced bill. Summary of Legislation This bill allows licensed psychologists to prescribe and administer psychotropic medications by obtaining either a conditional prescription certificate or prescription certificate issued by the State Board of Psychologist Examiners (board) in the Department of Regulatory Agencies (DORA). The bill outlines the criteria and process for obtaining a conditional certificate. Once granted, the psychologist may only administer and prescribe psychotropic medication under the supervision of a licensed physician or advanced practice registered nurse, and must maintain a collaborative relationship with the patient’s health provider. A conditional prescription certificate is valid for two years, after which the psychologist can either renew or apply for a prescription certificate if they meet additional requirements. The bill also adds two members to the board and adds a requirement that two of the nine members hold a prescription certification. Additionally, the board can establish rules for certification and suspension of a certificate, must keep records of all prescribing psychologists, and, by November 1, 2023, should appoint a committee to evaluate and process complaints received. DORA is required to Page 2 January 27, 2023 HB 23-1071 collect and share information on prescribing psychologists for inclusion in sunset reviews that concern the regulation of mental health professionals. State Revenue Beginning in FY 2023-24, the bill increases fee revenue to the Division of Professions and Occupation Cash Fund in DORA from issuing certificates. Due to the low number of expected applications, fee revenue is expected to be minimal. This revenue is subject to TABOR. State Expenditures Beginning in FY 2023-24, workload in DORA will increase to approve certificate applications, conduct outreach and education, expand the board, and process complaints received. The department may also require legal counsel and rulemaking support, provided by the Department of Law. Due to the relatively low number of prescribing psychologists in other states, this workload can be accomplished with existing resources. Effective Date The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no referendum petition is filed. State and Local Government Contacts Higher Education Human Services Information Technology Law Regulatory Agencies The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.