First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0051.01 Kristen Forrestal x4217
HOUSE BILL 23-1071
House Committees Senate Committees
Public & Behavioral 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
HOUSE SPONSORSHIP
Amabile and Bradfield,
SENATE SPONSORSHIP
Simpson and Fenberg,
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, 12-245-301, amend2
HB23-1071-2- (4), (5), and (6); and add (7), (8), (9), (10), (11), (12), and (13) as1
follows:2
12-245-301. Definitions. As used in this part 3, unless the context3
otherwise requires:4
(4) "Licensed psychologist" means a person licensed under this5
part 3 "CONDITIONAL PRESCRIPTION CERTIFICATE " MEANS A DOCUMENT6
ISSUED BY THE BOARD TO A LICENSED PSYCHOLOGIST THAT PERMITS THE7
LICENSED PSYCHOLOGIST TO PRESCRIBE PSYCHOTROPIC MEDICATION8
UNDER THE SUPERVISION OF A SUPERVISING CLINICIAN PURSUANT TO THIS9
PART 3.10
(5) "Professional psychological training program" means a11
doctoral training program that:12
(a) Is a planned program of study that reflects an integration of the13
science and practice of psychology; and14
(b) For applicants receiving their terminal degrees after 1990, is15
designated as a doctoral program in psychology by the Association of16
State and Provincial Psychology Boards or the National Register of17
Health Service Psychologists, or is accredited by the American18
Psychological Association or Canadian Psychological Association19
"I
NDEPENDENTLY LICENSED PRESCRIBING CLINICIAN " MEANS A PHYSICIAN20
LICENSED PURSUANT TO ARTICLE 240 OF THIS TITLE 12 OR AN ADVANCED21
PRACTICE REGISTERED NURSE AS DEFINED IN SECTION 12-255-104 (1) WHO22
SUPERVISES LICENSED PSYCHOLOGISTS PARTICIPATING IN PRACTICUMS23
DESCRIBED IN SECTION 12-245-309 (2)(a)(IV).24
(6) "Telepsychology" means the provision of psychological
25
services using telecommunications technologies "LICENSED26
PSYCHOLOGIST" MEANS A PERSON LICENSED UNDER THIS PART 3.27
HB23-1071
-3- (7) "NARCOTIC DRUG" HAS THE SAME MEANING AS SET FORTH IN1
SECTION 18-18-102 (20).2
(8) "P
RESCRIBING PSYCHOLOGIST " MEANS A LICENSED3
PSYCHOLOGIST WHO HOLDS A PRESCRIPTION CERTIFICATE .4
(9) "P
RESCRIPTION CERTIFICATE" MEANS A DOCUMENT ISSUED BY5
THE BOARD TO A LICENSED PSYCHOLOGIST THAT PERMITS THE LICENSED6
PSYCHOLOGIST TO PRESCRIBE PSYCHOTROPIC MEDICATIONS PURSUANT TO7
THIS PART 3.8
(10) "P
ROFESSIONAL PSYCHOLOGICAL TRAINING PROGRAM " MEANS9
A DOCTORAL TRAINING PROGRAM THAT :10
(a) I
S A PLANNED PROGRAM OF STUDY THAT REFLECTS AN11
INTEGRATION OF THE SCIENCE AND PRACTICE OF PSYCHOLOGY ; AND12
(b) F
OR APPLICANTS RECEIVING THEIR TERMINAL DEGREES AFTER13
1990,
IS DESIGNATED AS A DOCTORAL PROGRAM IN PSYCHOLOGY BY THE14
A
SSOCIATION OF STATE AND PROVINCIAL PSYCHOLOGY BOARDS OR THE15
N
ATIONAL REGISTER OF HEALTH SERVICE PSYCHOLOGISTS OR IS16
ACCREDITED BY THE AMERICAN PSYCHOLOGICAL ASSOCIATION OR17
C
ANADIAN PSYCHOLOGICAL ASSOCIATION.18
(11) (a) "P
SYCHOTROPIC MEDICATION " MEANS A CONTROLLED19
SUBSTANCE OR DANGEROUS DRUG :20
(I) T
HAT MAY NOT BE DISPENSED OR ADMINISTERED WITHOUT A21
PRESCRIPTION;22
(II) F
OR WHICH THE PRIMARY INDICATION FOR USE IS APPROVED BY23
THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE TREATMENT OF24
MENTAL HEALTH DISORDERS ; AND25
(III) T
HAT IS LISTED AS A PSYCHOTHERAPEUTIC AGENT IN THE26
MOST RECENT EDITION OF "DRUG FACTS AND COMPARISONS" OR IN THE27
HB23-1071
-4- AMERICAN HOSPITAL FORMULARY SERVICE DRUG INFORMATION1
COMPENDIUM.2
(b) "P
SYCHOTROPIC MEDICATION" DOES NOT INCLUDE A NARCOTIC3
DRUG.4
(12) "S
UPERVISING CLINICIAN" MEANS A PHYSICIAN LICENSED5
PURSUANT TO ARTICLE 240 OF THIS TITLE 12 OR AN ADVANCED PRACTICED6
REGISTERED NURSE AS DEFINED IN SECTION 12-255-104 (1) WHO7
SUPERVISES LICENSED PSYCHOLOGISTS WITH A CONDITIONAL8
PRESCRIPTION CERTIFICATE PURSUANT TO SECTION 12-245-309 (2)(c).9
(13) "T
ELEPSYCHOLOGY" MEANS THE PROVISION OF10
PSYCHOLOGICAL SERVICES USING TELECOMMUNICATIONS TECHNOLOGIES .11
SECTION 2. In Colorado Revised Statutes, 12-245-302, amend12
(2) introductory portion and (2)(a) as follows:13
12-245-302. State board of psychologist examiners - created14
- members - terms. (2) The board consists of seven
NINE members who15
are residents of the state of Colorado as follows:16
(a) Four SIX board members must be licensed psychologists, at17
least two of whom shall be engaged in the direct practice of psychology18
AND TWO OF WHOM ARE PRESCRIBING PSYCHOLOGISTS ; except that, if,19
after a good-faith attempt, the governor determines that an applicant for20
membership on the board pursuant to this subsection (2)(a) who is21
engaged in the direct practice of psychology
OR WHO IS A PRESCRIBING22
PSYCHOLOGIST is not available to serve on the board for a particular term,23
the governor may appoint a licensed psychologist who is not engaged in24
the direct practice of psychology
OR WHO IS NOT A PRESCRIBING25
PSYCHOLOGIST.26
SECTION 3. In Colorado Revised Statutes, add 12-245-309 as27
HB23-1071
-5- follows:1
12-245-309. Prescription authority - psychotropic drugs -2
prescription certificates - requirements - issuance, denial, renewal,3
and revocation of certification - rules. (1) Prescribing and4
administering psychotropic medications. (a) A
LICENSED5
PSYCHOLOGIST MAY ONLY ADMINISTER OR PRESCRIBE PSYCHOTROPIC6
MEDICATION TO A PERSON PURSUANT TO THE REQUIREMENTS AND7
LIMITATIONS SET FORTH IN THIS SECTION.8
(b) A
LICENSED PSYCHOLOGIST MUST HOLD A CONDITIONAL9
PRESCRIPTION CERTIFICATE OR A PRESCRIPTION CERTIFICATE IN ORDER TO10
PRESCRIBE OR ADMINISTER PSYCHOTROPIC MEDICATION .11
(2) Conditional prescription certificate. (a) A
LICENSED12
PSYCHOLOGIST MAY APPLY TO THE BOARD FOR A CONDITIONAL13
PRESCRIPTION CERTIFICATE IN THE FORM AND MANNER APPROVED BY THE14
BOARD. THE APPLICANT MUST INCLUDE SATISFACTORY EVIDENCE THAT15
THE APPLICANT:16
(I) H
AS COMPLETED A DOCTORAL PROGRAM IN PSYCHOLOGY FROM17
AN ACCREDITED INSTITUTION OF HIGHER EDUCATION OR PROFESSIONAL18
SCHOOL OR FROM A DOCTORAL PROGR AM THAT WAS NOT ACCREDITED AT19
THE TIME OF THE APPLICANT 'S GRADUATION BUT MEETS THE20
PROFESSIONAL STANDARDS APPROVED BY THE BOARD ;21
(II) H
AS SUCCESSFULLY COMPLETED A MASTER OF SCIENCE IN A22
CLINICAL PSYCHOPHARMACOLOGY PROGRAM THAT IS DESIGNATED BY THE23
A
MERICAN PSYCHOLOGICAL ASSOCIATION OR APPROVED BY THE BOARD24
AND THE COLORADO MEDICAL BOARD AND THAT CONSISTS OF DIDACTIC25
INSTRUCTION OF AT LEAST FOUR HUNDRED FIFTY CLASSROOM HOURS IN AT26
LEAST THE FOLLOWING CORE AREAS OF INSTRUCTION :27
HB23-1071
-6- (A) NEUROSCIENCE;1
(B) P
HARMACOLOGY;2
(C) P
SYCHOPHARMACOLOGY ;3
(D) P
HYSIOLOGY;4
(E) P
ATHOPHYSIOLOGY;5
(F) A
PPROPRIATE AND RELEVANT PHYSICAL AND LABORATORY6
ASSESSMENT; AND7
(G) C
LINICAL PHARMACOTHERAPEUTICS ;8
(III) H
AS PASSED THE PSYCHOPHARMACOLOGY EXAMINATION FOR9
PSYCHOLOGISTS DEVELOPED BY THE ASSOCIATION OF STATE AND10
P
ROVINCIAL PSYCHOLOGY BOARDS, OR ITS SUCCESSOR ORGANIZATION;11
(IV) H
AS BEEN CERTIFIED BY EACH OF THE APPLICANT 'S12
INDEPENDENTLY LICENSED PRESCRIBING CLINICIANS AS HAVING13
SUCCESSFULLY COMPLETED , IN NOT LESS THAN ONE YEAR BUT NO MORE14
THAN TWO YEARS, A SUPERVISED AND RELEVANT CLINICAL EXPERIENCE15
APPROVED BY THE BOARD AND THE COLORADO MEDICAL BOARD THAT16
CONSISTS OF:17
(A) A
T LEAST AN EIGHTY-HOUR PRACTICUM IN OBSERVATIONAL18
CLINICAL ASSESSMENT AND PATHOPHYSIOLOGY UNDER THE SUPERVISION19
OF AN INDEPENDENTLY LICENSED PRESCRIBING CLINICIAN ; AND20
(B) A
ONE-TO-ONE SUPERVISED PRACTICUM , EITHER21
FACE-TO-FACE, TELEPHONICALLY, OR BY VIDEO CONFERENCE, OF AT LEAST22
FOUR HUNDRED HOURS TREATING AT LEAST ONE HUNDRED CLIENTS WITH23
MENTAL HEALTH DISORDERS UNDER THE SUPERVISION OF ANY ONE OR A24
COMBINATION OF APPROPRIATELY TRAINED INDEPENDENTLY LICENSED25
PRESCRIBING CLINICIANS WHO HAVE BEEN DETERMINED BY THE BOARD26
AND THE COLORADO MEDICAL BOARD AS COMP ETENT TO TRAIN THE27
HB23-1071
-7- APPLICANT IN THE TREATMENT OF A DIVERSE CLIENT POPULATION ;1
(V) M
AINTAINS COMMERCIAL PROFESSIONAL LIABILITY2
INSURANCE WITH AN INSURER AUTHORIZED TO DO BUSINESS IN THIS STATE3
OR AN ELIGIBLE NONADMITTED INSURER AUTHORIZED TO PROVIDE4
INSURANCE PURSUANT TO ARTICLE 5 OF TITLE 10 IN A MINIMUM5
INDEMNITY AMOUNT OF ONE MILLION DOLLARS PER INCIDENT AND THREE6
MILLION DOLLARS ANNUAL AGGREGATE PER YEAR ; AND7
(VI) M
EETS ALL OTHER REQUIREMENTS AS DETERMINED BY THE8
BOARD.9
(b) T
HE BOARD SHALL ISSUE A CONDITIONAL PRESCRIPTION10
CERTIFICATE TO AN APPLICANT WHO THE BOARD DETERMINES HAS MET11
THE REQUIREMENTS OF SUBSECTION (2)(a) OF THIS SECTION. THE12
CONDITIONAL PRESCRIPTION CERTIFICATE IS VALID FOR A PERIOD OF TWO13
YEARS, AT THE END OF WHICH PERIOD THE CONDITIONAL PRESCRIPTION14
CERTIFICATE HOLDER MAY APPLY FOR RENEWAL OF THE CONDITIONAL15
PRESCRIPTION CERTIFICATE PURSUANT TO THIS SUBSECTION (2) OR FOR A16
PRESCRIPTION CERTIFICATE PURSUANT TO SUBSECTION (3) OF THIS17
SECTION.18
(c) (I) A
LICENSED PSYCHOLOGIST WITH A CONDITIONAL19
PRESCRIPTION CERTIFICATE MAY PRESCRIBE AND ADMINISTER20
PSYCHOTROPIC MEDICATION UNDER THE SUPERVISION OF A SUPERVISING21
CLINICIAN UNDER THE FOLLOWING CONDITIONS :22
(A) T
HE LICENSED PSYCHOLOGIST HOLDS A CURRENT LICENSE IN23
GOOD STANDING TO PRACTICE PSYCHOLOGY IN THIS STATE ;24
(B) T
HE LICENSED PSYCHOLOGIST NOTIFIES THE BOARD OF THE25
NAME OF THE PSYCHOLOGIST'S SUPERVISING CLINICIAN;26
(C) T
HE SUPERVISING CLINICIAN NOTIFIES THE BOARD OF THE27
HB23-1071
-8- NAME OF THE LICENCED PSYCHOLOGIST UNDER THE SUPERVISING1
CLINICIAN'S SUPERVISION; AND2
(D) T
HE LICENSED PSYCHOLOGIST MAINTAINS THE COMMERCIAL3
PROFESSIONAL LIABILITY INSURANCE REQUIRED BY SUBSECTION (2)(a)(V)4
OF THIS SECTION.5
(II) A
SUPERVISING CLINICIAN IS NOT LIABLE FOR THE ACTS OF A6
LICENSED PSYCHOLOGIST UNDER THE SUPERVISING CLINICIAN 'S7
SUPERVISION UNLESS THE INJURY OR LOSS ARISES FROM THE ACTS UNDER8
THE DIRECTION AND CONTROL OF THE SUPERVISING CLINICIAN .9
(3) Prescription certificate. (a) A
LICENSED PSYCHOLOGIST MAY10
APPLY TO THE BOARD FOR A PRESCRIPTION CERTIFICATE IN THE FORM AND11
MANNER APPROVED BY THE BOARD . THE APPLICANT MUST INCLUDE12
SATISFACTORY EVIDENCE THAT THE APPLICANT :13
(I) H
AS BEEN ISSUED A CONDITIONAL PRESCRIPTION CERTIFICATE14
AND HAS SUCCESSFULLY COMPLETED TWO YEARS OF PRESCRIBING15
PSYCHOTROPIC MEDICATION UNDER THE SUPERVISION OF A SUPERVISING16
CLINICIAN, AS CERTIFIED BY THE SUPERVISING CLINICIAN;17
(II) H
AS SUCCESSFULLY UNDERGONE A PROCESS OF INDEPENDENT18
PEER REVIEW APPROVED BY THE BOARD AND THE COLORADO MEDICAL19
BOARD;20
(III) M
AINTAINS COMMERCIAL PROFESSIONAL LIABILITY21
INSURANCE WITH AN INSURER AUTHORIZED TO DO BUSINESS IN THIS STATE22
OR AN ELIGIBLE NONADMITTED INSURER AUTHORIZED TO PROVIDE23
INSURANCE PURSUANT TO ARTICLE 5 OF TITLE 10 IN A MINIMUM24
INDEMNITY AMOUNT OF ONE MILLION DOLLARS PER INCIDENT AND THREE25
MILLION DOLLARS ANNUAL AGGREGATE PER YEAR ; AND26
(IV) M
EETS ALL OTHER REQUIREMENTS AS DETERMINED BY THE27
HB23-1071
-9- BOARD.1
(b) T
HE BOARD SHALL ISSUE A PRESCRIPTION CERTIFICATE TO AN2
APPLICANT WHO THE BOARD DETERMINES HAS MET THE REQUIREMENTS OF3
SUBSECTION (3)(a) OF THIS SECTION. A LICENSED PSYCHOLOGIST WITH A4
PRESCRIPTION CERTIFICATE MAY PRESCRIBE AND ADMINISTER5
PSYCHOTROPIC MEDICATION TO A PERSON IF THE LICENSED PSYCHOLOGIST :6
(I) H
OLDS A CURRENT LICENSE IN GOOD STANDING TO PRACTICE7
PSYCHOLOGY IN THIS STATE;8
(II) M
AINTAINS THE COMMERCIAL PROFESSIONAL LIABILITY9
INSURANCE REQUIRED BY SUBSECTION (3)(a)(III) OF THIS SECTION; AND10
(III) A
NNUALLY COMPLETES AT LEAST TWENTY HOURS OF11
CONTINUING EDUCATION IN THE AREAS OF PHARMACOLOGY AND12
PSYCHOPHARMACOLOGY FOR PRESCRIBING PSYCHOLOGISTS OR A GREATER13
AMOUNT AS REQUIRED BY THE BOARD .14
(4) Prescription certificate by endorsement. U
PON PAYMENT OF15
THE REQUIRED LICENSING FEES AND APPROVAL OF THE APPLICATION FOR16
A PRESCRIPTION CERTIFICATE BY ENDORSEMENT , THE BOARD MAY CERTIFY17
BY ENDORSEMENT AND GRANT A PRESCRIPTION CERTIFICATE TO AN18
APPLICANT WHO HAS:19
(a) A
CURRENT LICENSE IN GOOD STANDING TO PRACTICE20
PSYCHOLOGY FROM ANOTHER STATE ; AND21
(b) (I) U
NRESTRICTED PRESCRIPTIVE AUTHORITY FROM ANOTHER22
STATE THAT IMPOSES THE EDUCATION , SUPERVISION, AND TRAINING23
REQUIREMENTS REQUIRED BY THIS SECTION AND BY RULE OF THE BOARD ;24
OR25
(II) T
RAINING FROM THE UNITED STATES DEPARTMENT OF26
DEFENSE PSYCHOPHARMACOLOGY DEMONSTRATION PROJECT FOR27
HB23-1071
-10- LICENSED PSYCHOLOGISTS OR OTHER SIMILAR PROGRAM THAT IMPOSES1
THE EDUCATION, SUPERVISION, AND TRAINING REQUIREMENTS REQUIRED2
BY THIS SECTION AND BY RULE OF THE BOARD .3
(5) Rules. T
HE BOARD MAY PROMULGATE RULES TO :4
(a) I
MPLEMENT PROCEDURES FOR OBTAINING A CONDITIONAL5
PRESCRIPTION CERTIFICATE AND A PRESCRIPTION CERTIFICATE AND6
RENEWALS FOR THE CERTIFICATES; AND7
(b) I
N ADDITION TO THE GROUNDS FOR DISCIPLINE IN SECTION8
12-245-224,
ESTABLISH THE GROUNDS FOR DENIAL , SUSPENSION, AND9
REVOCATION OF A CONDITIONAL PRESCRIPTION CERTIFICATE AND A10
PRESCRIPTION CERTIFICATE, INCLUDING FOR THE SUSPENSION OF A LICENSE11
TO PRACTICE PSYCHOLOGY UPON THE SUSPENSION OR REVOCATION OF A12
CERTIFICATE.13
(6) Prescribing and administering practices. (a) A
PRESCRIBING14
PSYCHOLOGIST OR A LICENSED PSYCHOLOGIST WITH A CONDITIONAL15
PRESCRIPTION CERTIFICATE 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
CLIENT, THE PRESCRIBING PSYCHOLOGIST OR THE LICENSED PSYCHOLOGIST24
WITH A CONDITIONAL PRESCRIPTION CERTIFICATE SHALL MAINTAIN AN25
ONGOING COLLABORATIVE RELATIONSHIP WITH THE HEALTH -CARE26
PROVIDER WHO OVERSEES THE CLIENT 'S GENERAL MEDICAL CARE TO27
HB23-1071
-11- ENSURE THAT NECESSARY MEDICAL EXAMINATIONS ARE CONDUCTED , THE1
PSYCHOTROPIC MEDICATION IS APPROPRIATE FOR THE CLIENT 'S MEDICAL2
CONDITION, AND SIGNIFICANT CHANGES IN THE CLIENT 'S MEDICAL OR3
PSYCHOLOGICAL CONDITIONS ARE DISCUSSED .4
(c) (I) A
PRESCRIBING PSYCHOLOGIST OR A LICENSED5
PSYCHOLOGIST WITH A CONDITIONAL PRESCRIPTION CERTIFICATE SHALL6
OBTAIN A RELEASE OF INFORMATION FROM A CLIENT OR THE CLIENT 'S7
LEGAL GUARDIAN AUTHORIZING THE PSYCHOLOGIST TO CONTACT THE8
CLIENT'S PRIMARY TREATING HEALTH-CARE PROVIDER, AS REQUIRED BY9
LAW.10
(II) I
F A CLIENT OR THE CLIENT'S LEGAL GUARDIAN REFUSES TO11
SIGN A RELEASE OF INFORMATION FOR THE CLIENT 'S PRIMARY TREATING12
HEALTH-CARE PROVIDER, THE PRESCRIBING PSYCHOLOGIST OR LICENSED13
PSYCHOLOGIST WITH A CONDITIONAL PRESCRIPTION CERTIFICATE SHALL :14
(A) I
NFORM THE CLIENT OR THE CLIENT'S LEGAL GUARDIAN THAT15
THE PSYCHOLOGIST CANNOT TREAT THE CLIENT PHARMACOLOGICALLY16
WITHOUT AN ONGOING COLLABORATIVE RELATIONSHIP WITH THE CLIENT 'S17
PRIMARY TREATING HEALTH -CARE PROVIDER; AND18
(B) R
EFER THE CLIENT TO ANOTHER PRESCRIBER WHO IS NOT19
REQUIRED TO MAINTAIN AN ONGOING COLLABORATIVE RELATIONSHIP20
WITH A HEALTH-CARE PROVIDER.21
(III) A
PRESCRIBING PSYCHOLOGIST OR A LICENSED PSYCHOLOGIST22
WITH A CONDITIONAL PRESCRIPTION CERTIFICATE MUST PROVIDE WRITTEN23
NOTICE TO THE PRIMARY TREATING HEALTH -CARE PROVIDER WITHIN ONE24
WEEK AFTER THE PSYCHOLOGIST ISSUES OR ADMINISTERS A PRESCRIPTION25
FOR A PSYCHOTROPIC MEDICATION TO THE CLIENT .26
(IV) I
F A CLIENT DOES NOT HAVE A PRIMARY TREATING27
HB23-1071
-12- HEALTH-CARE PROVIDER, THE PRESCRIBING PSYCHOLOGIST OR LICENSED1
PSYCHOLOGIST WITH A CONDITIONAL PRESCRIPTION CERTIFICATE SHALL2
REFER THE CLIENT TO A HEALTH -CARE PROVIDER PRIOR TO3
PSYCHOPHARMACOLOGICAL TREATMENT . THE PSYCHOLOGIST MUST4
RECEIVE THE RESULTS OF THE HEALTH-CARE PROVIDER'S ASSESSMENT AND5
SHALL CONTACT THE HEALTH -CARE PROVIDER WHO CONDUCTED THE6
ASSESSMENT PRIOR TO PRESCRIBING A PSYCHOTROPIC MEDICATION TO THE7
CLIENT.8
(V) O
NCE A COLLABORATIVE RELATIONSHIP IS ESTABLISHED WITH9
THE PRIMARY TREATING HEALTH-CARE PROVIDER OR OTHER HEALTH-CARE10
PROVIDER TO WHOM THE PSYCHOLOGIST REFERS THE CLIENT PURSUANT TO11
SUBSECTION (6)(c)(IV) OF THIS SECTION, THE PRESCRIBING PSYCHOLOGIST12
OR LICENSED PSYCHOLOGIST WITH A CONDITIONAL PRESCRIPTION13
CERTIFICATE SHALL MAINTAIN AND DOCUMENT THE COLLABORATIVE14
RELATIONSHIP TO ENSURE THAT RELEVANT INFORMATION IS EXCHANGED15
ACCURATELY AND IN A TIMELY MANNER . THE ONGOING COLLABORATIVE16
RELATIONSHIP MUST BE MAINTAINED ACCORDING TO THE FOLLOWING :17
(A) A
PRESCRIBING PSYCHOLOGIST OR LICENSED PSYCHOLOGIST18
WITH A CONDITIONAL PRESCRIPTION CERTIFICATE SHALL NOTIFY THE19
PRIMARY TREATING HEALTH -CARE PROVIDER OR OTHER HEALTH -CARE20
PROVIDER TO WHOM THE PSYCHOLOGIST REFERS THE CLIENT PURSUANT TO21
SUBSECTION (6)(c)(IV) OF THIS SECTION IF THE CLIENT EXPERIENCES22
ADVERSE EFFECTS FROM MEDICATIONS PRESCRIBED BY THE PSYCHOLOGIST23
THAT MAY BE RELATED TO THE CLIENT'S MEDICAL CONDITION FOR WHICH24
THE CLIENT IS BEING TREATED BY THE PRIMARY TREATING HEALTH -CARE25
PROVIDER OR OTHER HEALTH-CARE PROVIDER;26
(B) A
PRESCRIBING PSYCHOLOGIST OR LICENSED PSYCHOLOGIST27
HB23-1071
-13- WITH A CONDITIONAL PRESCRIPTION CERTIFICATE SHALL NOTIFY THE1
PRIMARY TREATING HEALTH -CARE PROVIDER OR OTHER HEALTH -CARE2
PROVIDER TO WHOM THE PSYCHOLOGIST REFERS THE CLIENT PURSUANT TO3
SUBSECTION (6)(c)(IV) OF THIS SECTION REGARDING RESULTS OF4
LABORATORY TESTS RELATED TO THE MEDICAL CARE OF THE CLIENT THAT5
HAVE BEEN ORDERED BY THE PSYCHOLOGIST IN CONJUNCTION WITH6
PSYCHOPHARMACOLOGICAL TREATMENT ; AND7
(C) A
PRESCRIBING PSYCHOLOGIST OR LICENSED PSYCHOLOGIST8
WITH A CONDITIONAL PRESCRIPTION CERTIFICATE SHALL NOTIFY A9
PRIMARY TREATING HEALTH -CARE PROVIDER OR OTHER HEALTH -CARE10
PROVIDER TO WHOM THE PSYCHOLOGIST REFERS THE CLIENT PURSUANT TO11
SUBSECTION (6)(c)(IV) OF THIS SECTION AS SOON AS POSSIBLE OF ANY12
CHANGE IN THE CLIENT'S PSYCHOLOGICAL CONDITION THAT MAY AFFECT13
THE MEDICAL TREATMENT BEING PROVIDED BY THE HEALTH -CARE14
PROVIDER.15
(VI) T
HIS SUBSECTION (6) DOES NOT REQUIRE A PRESCRIBING16
PSYCHOLOGIST OR A LICENSED PSYCHOLOGIST WITH A CONDITI ONAL17
PRESCRIPTION CERTIFICATE TO GIVE PRIOR NOTICE TO OR OBTAIN PRIOR18
APPROVAL FROM A HEALTH-CARE PROVIDER TO PRESCRIBE PSYCHOTROPIC19
MEDICATION TO A CLIENT WITH WHOM THE LICENSED PSYCHOLOGIST HAS20
AN ESTABLISHED PSYCHOLOGIST -CLIENT RELATIONSHIP.21
(d) I
N ACCORDANCE WITH SECTION 12-245-203, A PRESCRIBING22
PSYCHOLOGIST OR LICENSED PSYCHOLOGIST WITH A CONDITIONAL23
PRESCRIPTION CERTIFICATE SHALL NOT PRESCRIBE MEDICATION TO A24
CLIENT UNLESS IT IS WITHIN THE PRESCRIBING PSYCHOLOGIST 'S SCOPE OF25
TRAINING, EXPERIENCE, AND COMPETENCE.26
(7) Complaints. O
N OR BEFORE NOVEMBER 1, 2023, THE BOARD27
HB23-1071
-14- AND THE COLORADO MEDICAL BOARD SHALL APPOINT A COMMITTEE OF ITS1
MEMBERS TO EVALUATE AND PROCESS COMPLAINTS RECEIVED PURSUANT2
TO THIS SECTION IN ACCORDANCE WITH PART 4 OF ARTICLE 20 OF THIS3
TITLE 12. THE APPOINTEES SHALL PRESENT THEIR RECOMMENDATIONS AND4
FINDINGS TO BOTH BOARDS ANNUALLY , BEGINNING ON OR BEFORE5
F
EBRUARY 1, 2024.6
(8) Prescription information. T
HE ENTITY THAT DISPENSES A7
PRESCRIPTION FOR A PSYCHOTROPIC MEDICATION WRITTEN BY A8
PRESCRIBING PSYCHOLOGIST OR A LICENSED PSYCHOLOGIST WITH A9
CONDITIONAL PRESCRIPTION CERTIFICATE SHALL :10
(a) C
OMPLY WITH APPLICABLE STATE AND FEDERAL LAWS ;11
(b) I
DENTIFY ON THE MEDICATION LABEL THAT THE PSYCHOTROPIC12
MEDICATION WAS PRESCRIBED BY A PSYCHOLOGIST WHO IS A13
"
PSYCHOLOGIST CERTIFIED TO PRESCRIBE"; AND14
(c) I
NCLUDE THE PSYCHOLOGIST 'S BOARD-ASSIGNED15
IDENTIFICATION NUMBER ON THE MEDICATION LABEL TO INDICATE THAT16
THE PSYCHOLOGIST'S LICENSE IS ACTIVE.17
(9) Delegation. A
PRESCRIBING PSYCHOLOGIST OR A LICENSED18
PSYCHOLOGIST WITH A CONDITIONAL PRESCRIPTION CERTIFICATE SHALL19
NOT DELEGATE THE PSYCHOLOGIST 'S PRESCRIPTIVE AUTHORITY.20
(10) Drug enforcement administration number. E
ACH21
PRESCRIBING PSYCHOLOGIST AND LICENSED PSYCHOLOGIST WITH A22
CONDITIONAL PRESCRIPTION CERTIFICATE SHALL FILE WITH THE BOARD , IN23
THE FORM AND MANNER DETERMINED BY THE BOARD , ALL INDIVIDUAL24
FEDERAL DRUG ENFORCEMENT ADMINISTRATION REGISTRATIONS AND25
NUMBERS. THE BOARD AND THE COLORADO MEDICAL BOARD SHALL26
MAINTAIN CURRENT RECORDS OF EVERY PSYCHOLOGIST WITH27
HB23-1071
-15- PRESCRIPTIVE AUTHORITY , INCLUDING THE PSYCHOLOGIST 'S1
REGISTRATIONS AND NUMBERS .2
(11) (a) T
HE DEPARTMENT SHALL ANNUALLY COLLECT3
INFORMATION REGARDING :4
(I) T
HE NUMBER OF PRESCRIBING PSYCHOLOGISTS AND LICENSED5
PSYCHOLOGISTS WITH CONDITIONAL PRESCRIPTION CERTIFICATES IN THIS6
STATE;7
(II) T
HE LOCATION OF PRACTICE OF EACH PRESCRIBING8
PSYCHOLOGIST AND LICENSED PSYCHOLOGIST WITH A CONDITIONAL9
PRESCRIPTION CERTIFICATE;10
(III) T
HE NUMBER OF PRESCRIBING PSYCHOLOGISTS AND LICENSED11
PSYCHOLOGISTS WITH A CONDITI ONAL PRESCRIPTION CERTIFICATE WHO12
ACCEPT CLIENTS WITH PRIVATE HEALTH INSURANCE OR WHO ARE13
ENROLLED IN THE MEDICAL ASSISTANCE PROGRAM ESTABLISHED14
PURSUANT TO PARTS 4 TO 6 OF TITLE 25.5;15
(IV) T
HE TYPE OF PRACTICE OF EACH PRESCRIBING PSYCHOLOGIST16
AND LICENSED PSYCHOLOGIST WITH A CONDITIONAL PRESCRIPTION17
CERTIFICATE; AND18
(V) T
HE POPULATIONS SERVED BY EACH PRESCRIBING19
PSYCHOLOGIST AND LICENSED PSYCHOLOGIST WITH A CONDITIONAL20
PRESCRIPTION CERTIFICATE.21
(b) T
HE DEPARTMENT SHALL COMPILE THE INFORMATION AND22
SHARE IT WITH THE OFFICE IN THE DEPARTMENT THAT IS RESPONSIBLE FOR23
CONDUCTING SUNSET REVIEWS PURSUANT TO SECTION 24-34-104. THE24
OFFICE SHALL INCLUDE THE INFORMATION IN EACH SCHEDULED SUNSET25
REVIEW CONCERNING THE REGULATION OF MENTAL HEALTH26
PROFESSIONALS PURSUANT TO SECTION 24-34-104.27
HB23-1071
-16- SECTION 4. Act subject to petition - effective date. This act1
takes effect at 12:01 a.m. on the day following the expiration of the2
ninety-day period after final adjournment of the general assembly; except3
that, if a referendum petition is filed pursuant to section 1 (3) of article V4
of the state constitution against this act or an item, section, or part of this5
act within such period, then the act, item, section, or part will not take6
effect unless approved by the people at the general election to be held in7
November 2024 and, in such case, will take effect on the date of the8
official declaration of the vote thereon by the governor.9
HB23-1071
-17-