Page 1 February 14, 2023 HB 23-1071 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Revised Fiscal Note (replaces fiscal note dated January 27, 2023) Drafting Number: Prime Sponsors: LLS 23-0051 Rep. Amabile; Bradfield Sen. Simpson; Fenberg Date: Bill Status: Fiscal Analyst: February 14, 2023 Senate Health & Human Services 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 and requires that one member on the State Board of Psychologist Examiners be a prescribing psychologist. The bill minimally increases state revenue and workload on an ongoing basis. Appropriation Summary: No appropriation is required. Fiscal Note Status: This revised fiscal note reflects the reengrossed 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 prescription certificate. Once granted, the psychologist may only administer and prescribe psychotropic medication under the supervision of a licensed physician or advanced practice registered nurse, must maintain a collaborative relationship with the patient’s health provider, and must meet certain practicum and continuing education requirements. A prescribing psychologist must disclose that they are not a physician licensed to practice medicine and obtain consent from the patient. The bill also adds a requirement that one member of the board be a prescribing psychologist. Additionally, the board can establish rules for certification and suspension of a certificate, must keep records of all prescribing psychologists, and handle complaints received. DORA is required to collect and share information on prescribing psychologists for inclusion in sunset reviews that concern the regulation of mental health professionals. Page 2 February 14, 2023 HB 23-1071 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.