First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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
Amended 2nd Reading
February 8, 2023
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
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
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
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)(a) as follows:13
12-245-302. State board of psychologist examiners - created14
- members - terms. (2) The board consists of seven members who are15
residents of the state of Colorado as follows:16
(a) Four board members must be licensed psychologists, at least17
two of whom shall be engaged in the direct practice of psychology AND18
ONE OF WHOM IS A PRESCRIBING PSYCHOLOGIST; except that, if, after a19
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
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 PRESCRIPTION9
CERTIFICATE IN ORDER TO PRESCRIBE OR ADMINISTER PSYCHOTROPIC10
MEDICATION.11
(2) Prescription certificate. (a) A LICENSED PSYCHOLOGIST MAY12
APPLY TO THE BOARD FOR A PRESCRIPTION CERTIFICATE IN THE FORM13
AND MANNER APPROVED BY THE BOARD . THE APPLICANT MUST INCLUDE14
SATISFACTORY EVIDENCE THAT THE APPLICANT :15
(I) H
AS COMPLETED A DOCTORAL PROGRAM IN PSYCHOLOGY FROM16 AN APPROVED SCHOOL OR FROM A DOC TORAL PROGRAM THAT WAS NOT17
ACCREDITED AT THE TIME OF THE APPLICANT 'S GRADUATION BUT MEETS18
THE PROFESSIONAL STANDARDS APPROVED BY THE BOARD ;19
(II) H
AS SUCCESSFULLY COMPLETED A MASTER OF SCIENCE IN A20
CLINICAL PSYCHOPHARMACOLOGY PROGRAM THAT IS DESIGNATED BY THE21
A
MERICAN PSYCHOLOGICAL ASSOCIATION OR
ANY EDUCATION AS SET22
FORTH IN RULES PROMULGATED BY THE BOARD WITH APPROVAL OF THE23
C
OLORADO MEDICAL BOARD AND THAT CONSISTS OF DIDACTIC24
INSTRUCTION OF AT LEAST FOUR HUNDRED FIFTY CLASSROOM HOURS IN AT25
LEAST THE FOLLOWING CORE AREAS OF INSTRUCTION :26
(A) N
EUROSCIENCE;27
1071
-6- (B) PHARMACOLOGY;1
(C) P
SYCHOPHARMACOLOGY ;2
(D) P
HYSIOLOGY;3
(E) P
ATHOPHYSIOLOGY;4
(F) A
PPROPRIATE AND RELEVANT PHYSICAL AND LABORATORY5
ASSESSMENT; AND6
(G) C
LINICAL PHARMACOTHERAPEUTICS ;7
(III) H
AS PASSED THE PSYCHOPHARMACOLOGY EXAMINATION FOR8
PSYCHOLOGISTS DEVELOPED BY THE ASSOCIATION OF STATE AND9
P
ROVINCIAL PSYCHOLOGY BOARDS, OR ITS SUCCESSOR ORGANIZATION;10
(IV) H
AS BEEN CERTIFIED BY EACH OF THE APPLICANT 'S11
INDEPENDENTLY LICENSED PRESCRIBING CLINICIANS AS HAVING12
SUCCESSFULLY COMPLETED , IN NOT LESS THAN
TWELVE MONTHS BUT NO13
MORE THAN TWENTY-FOUR MONTHS, A SUPERVISED AND RELEVANT14
CLINICAL EXPERIENCE APPROVED BY THE BOARD AND THE COLORADO15
MEDICAL BOARD THAT CONSISTS OF :16
(A) A ONE-TO-ONE, IN-PERSON SUPERVISED PRACTICUM, OF AT17
LEAST SEVEN HUNDRED FIFTY HOURS TREATING AT LEAST ONE HUNDRED18
FIFTY CLIENTS WITH MENTAL HEALTH DISORDERS UNDER THE SUPERVISION19
OF ANY ONE OR A COMBINATION OF APPROPRIATELY TRAINED20
INDEPENDENTLY LICENSED PRESCRIBING CLINICIANS WHO HAVE BEEN21
DETERMINED BY THE BOARD AND THE COLORADO MEDICAL BOARD AS22
COMPETENT TO TRAIN THE APPLICANT IN THE TREATMENT OF A DIVERSE23
CLIENT POPULATION;24
(B) INCLUDED IN THE SEVEN HUNDRED FIFTY HOURS REQUIRED IN25
SUBSECTION (2)(a)(IV)(B) OF THIS SECTION AT LEAST AN EIGHTY-HOUR26
PRACTICUM IN OBSERVATIONAL CLINICAL ASSESSMENT AND27
1071
-7- PATHOPHYSIOLOGY UNDER THE SUPERVISION OF AN INDEPENDENTLY1
LICENSED PRESCRIBING PHYSICIAN; AND2
(C) IF THE LICENSED PSYCHOLOGIST IS WORKING WITH PEDIATRIC3
OR GERIATRIC PATIENTS, AT LEAST TWO HUNDRED FIFTY OF THE SEVEN4
HUNDRED FIFTY HOURS REQUIRED IN SUBSECTION (2)(a)(IV)(B) OF THIS5
SECTION UNDER THE SUPERVISION OF ONE OR MORE INDEPENDENT6
LICENSED PRESCRIBING CLINICIANS WHO WORK WITH PEDIATRIC OR7
GERIATRIC PATIENTS, WHICHEVER IS APPLICABLE, IF THE LICENSED8
PSYCHOLOGIST IS WORKING WITH PEDIATRIC OR GERIATRIC PATIENTS ;9
10
(V) HAS SUCCESSFULLY UNDERGONE A PROCESS OF INDEPENDENT11
PEER REVIEW AS SET FORTH IN RULE OF THE BOARD AND APPROVED BY THE12
COLORADO MEDICAL BOARD ;13
(VI) MAINTAINS COMMERCIAL PROFESSIONAL LIABILITY14
INSURANCE WITH AN INSURER AUTHORIZED TO DO BUSINESS IN THIS STATE15
OR AN ELIGIBLE NONADMITTED INSURER AUTHORIZED TO PROVIDE16
INSURANCE PURSUANT TO ARTICLE 5 OF TITLE 10 IN A MINIMUM17
INDEMNITY AMOUNT OF ONE MILLION DOLLARS PER INCIDENT AND THREE18
MILLION DOLLARS ANNUAL AGGREGATE PER YEAR ; AND19
(VII) MEETS ALL OTHER REQUIREMENTS AS DETERMINED BY THE20
BOARD.21
(b) T
HE BOARD SHALL ISSUE A PRESCRIPTION CERTIFICATE TO AN22
APPLICANT WHO THE BOARD DETERMINES HAS MET THE REQUIREMENTS OF23
SUBSECTION
(2)(a) OF THIS SECTION. A LICENSED PSYCHOLOGIST WITH A24
PRESCRIPTION CERTIFICATE MAY PRESCRIBE AND ADMINISTER25
PSYCHOTROPIC MEDICATION TO A PERSON IF THE LICENSED PSYCHOLOGIST :26
(I) H
OLDS A CURRENT LICENSE IN GOOD ST ANDING TO PRACTICE27
1071
-8- PSYCHOLOGY IN THIS STATE;1
(II) M
AINTAINS THE COMMERCIAL PROFESSIONAL LIABILITY2
INSURANCE REQUIRED BY SUBSECTION
(2)(a)(VI) OF THIS SECTION; AND3
(III) COMPLETES AT LEAST FORTY HOURS OF CONTINUING4
EDUCATION EVERY TWO YEARS IN THE AREAS OF PHARMACOLOGY AND5
PSYCHOPHARMACOLOGY FOR PRESCRIBING PSYCHOLOGISTS OR A GREATER6
AMOUNT AS REQUIRED BY THE BOARD .7
(3) Prescription certificate by endorsement. U PON PAYMENT OF8
THE REQUIRED LICENSING FEES AND APPROVAL OF THE APPLICATION FOR9
A PRESCRIPTION CERTIFICATE BY ENDORSEMENT , THE BOARD MAY CERTIFY10
BY ENDORSEMENT AND GRANT A PRESCRIPTION CERTIFICATE TO AN11
APPLICANT WHO HAS:12
(a) A
CURRENT LICENSE IN GOOD STANDING TO PRACTICE13
PSYCHOLOGY FROM ANOTHER STATE ; AND14
(b) (I) U
NRESTRICTED PRESCRIPTIVE AUTHORITY FROM ANOTHER15
STATE THAT IMPOSES THE EDUCATION , SUPERVISION, AND TRAINING16
REQUIREMENTS REQUIRED BY THIS SECTION AND BY RULE OF THE BOARD ;17
OR18
(II) T
RAINING FROM THE UNITED STATES DEPARTMENT OF19
DEFENSE PSYCHOPHARMACOLOGY DEMONSTRATION PROJECT FOR20
LICENSED PSYCHOLOGISTS OR OTHER SIMILAR PROGRAM THAT IMPOSES21
THE EDUCATION, SUPERVISION, AND TRAINING REQUIREMENTS REQUIRED22
BY THIS SECTION AND BY RULE OF THE BOARD .23
(4) Rules. T HE BOARD MAY PROMULGATE RULES TO :24
(a) I
MPLEMENT PROCEDURES FOR OBTAINING
A PRESCRIPTION25
CERTIFICATE AND RENEWALS FOR THE CERTIFICATES ; AND26
(b) I
N ADDITION TO THE GROUNDS FOR DISCIPLINE IN SECTION27
1071
-9- 12-245-224, ESTABLISH THE GROUNDS FOR DENIAL , SUSPENSION, AND1
REVOCATION OF A PRESCRIPTION CERTIFICATE, INCLUDING FOR THE2
SUSPENSION OF A LICENSE TO PRACTICE PSYCHOLOGY UPON THE3
SUSPENSION OR REVOCATION OF A CERTIFICATE .4
(5) Prescribing and administering practices. (a) A PRESCRIBING5
PSYCHOLOGIST MAY:6
(I) P
RESCRIBE PSYCHOTROPIC MEDICATION THROUGH THE USE OF7
TELEPSYCHOLOGY; AND8
(II) P
RESCRIBE AND ADMINISTER PSYCHOTROPIC MEDICATION9
WITHIN THE RECOGNIZED SCOPE OF PRACTICE , INCLUDING ORDERING AND10
REVIEWING LABORATORY TESTS IN CONJUNCTION WITH A PRESCRIPTION11
FOR THE TREATMENT OF A MENTAL HEALTH DISORDER .12
(b) W
HEN PRESCRIBING A PSYCHOTROPIC MEDICATION FOR A13
CLIENT, THE PRESCRIBING PSYCHOLOGIST OR THE LICENSED PSYCHOLOGIST14
WITH A CONDITIONAL PRESCRIPTION CERTIFICATE SHALL MAINTAIN AN15
ONGOING COLLABORATIVE RELATIONSHIP WITH THE HEALTH -CARE16
PROVIDER WHO OVERSEES THE CLIENT 'S GENERAL MEDICAL CARE TO17
ENSURE THAT NECESSARY MEDICAL EXAMINATIONS ARE CONDUCTED , THE18
PSYCHOTROPIC MEDICATION IS APPROPRIATE FOR THE CLIENT 'S MEDICAL19
CONDITION, AND SIGNIFICANT CHANGES IN THE CLIENT 'S MEDICAL OR20
PSYCHOLOGICAL CONDITIONS ARE DISCUSSED .21
(c) (I) A
PRESCRIBING PSYCHOLOGIST OR A LICENSED22
PSYCHOLOGIST WITH A CONDITIONAL PRESCRIPTION CERTIFICATE SHALL23
OBTAIN A RELEASE OF INFORMATION FROM A CLIENT OR THE CLIENT 'S24
LEGAL GUARDIAN AUTHORIZING THE PSYCHOLOGIST TO CONTACT THE25
CLIENT'S PRIMARY TREATING HEALTH-CARE PROVIDER, AS REQUIRED BY26
LAW.27
1071
-10- (II) IF A CLIENT OR THE CLIENT'S LEGAL GUARDIAN REFUSES TO1
SIGN A RELEASE OF INFORMATION FOR THE CLIENT 'S PRIMARY TREATING2
HEALTH-CARE PROVIDER, THE PRESCRIBING PSYCHOLOGIST OR LICENSED3
PSYCHOLOGIST WITH A CONDITIONAL PRESCRIPTION CERTIFICATE SHALL :4
(A) I
NFORM THE CLIENT OR THE CLIENT'S LEGAL GUARDIAN THAT5
THE PSYCHOLOGIST CANNOT TREAT THE CLIENT PHARMACOLOGICALLY6
WITHOUT AN ONGOING COLLABORATIVE RELATIONSHIP WITH THE CLIENT 'S7
PRIMARY TREATING HEALTH -CARE PROVIDER; AND8
(B) R
EFER THE CLIENT TO ANOTHER PRESCRIBER WHO IS NOT9
REQUIRED TO MAINTAIN AN ONGOING COLLABORATIVE RELATIONSHIP10
WITH A HEALTH-CARE PROVIDER.11
(III) A
PRESCRIBING PSYCHOLOGIST OR A LICENSED PSYCHOLOGIST12
WITH A CONDITIONAL PRESCRIPTION CERTIFICATE MUST PROVIDE WRITTEN13
NOTICE TO THE PRIMARY TREATING HEALTH -CARE PROVIDER WITHIN ONE14
WEEK AFTER THE PSYCHOLOGIST ISSUES OR ADMINISTERS A PRESCRIPTION15
FOR A PSYCHOTROPIC MEDICATION TO THE CLIENT .16
(IV) I
F A CLIENT DOES NOT HAVE A PRIMARY TREATING17
HEALTH-CARE PROVIDER, THE PRESCRIBING PSYCHOLOGIST OR LICENSED18
PSYCHOLOGIST WITH A CONDITIONAL PRESCRIPTION CERTIFICATE SHALL19
REFER THE CLIENT TO A HEALTH -CARE PROVIDER PRIOR TO20
PSYCHOPHARMACOLOGICAL TREATMENT . THE PSYCHOLOGIST MUST21
RECEIVE THE RESULTS OF THE HEALTH-CARE PROVIDER'S ASSESSMENT AND22
SHALL CONTACT THE HEALTH -CARE PROVIDER WHO CONDUCTED THE23
ASSESSMENT PRIOR TO PRESCRIBING A PSYCHOTROPIC MEDICATION TO THE24
CLIENT.25
(V) O
NCE A COLLABORATIVE RELATIONSHIP IS ESTABLISHED WITH26
THE PRIMARY TREATING HEALTH-CARE PROVIDER OR OTHER HEALTH-CARE27
1071
-11- PROVIDER TO WHOM THE PSYCHOLOGIST REFERS THE CLIENT PURSUANT TO1
SUBSECTION (6)(c)(IV) OF THIS SECTION, THE PRESCRIBING PSYCHOLOGIST2
OR LICENSED PSYCHOLOGIST WITH A CONDITIONAL PRESCRIPTION3
CERTIFICATE SHALL MAINTAIN AND DOCUMENT THE COLLABORATIVE4
RELATIONSHIP TO ENSURE THAT RELEVANT INFORMATION IS EXCHANGED5
ACCURATELY AND IN A TIMELY MANNER . THE ONGOING COLLABORATIVE6
RELATIONSHIP MUST BE MAINTAINED ACCORDING TO THE FOLLOWING :7
(A) A
PRESCRIBING PSYCHOLOGIST OR LICENSED PSYCHOLOGIST8
WITH A CONDITIONAL PRESCRIPTION CERTIFICATE SHALL NOTIFY THE9
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 IF THE CLIENT EXPERIENCES12
ADVERSE EFFECTS FROM MEDICATIONS PRESCRIBED BY THE PSYCHOLOGIST13
THAT MAY BE RELATED TO THE CLIENT'S MEDICAL CONDITION FOR WHICH14
THE CLIENT IS BEING TREATED BY THE PRIMARY TREATING HEALTH -CARE15
PROVIDER OR OTHER HEALTH-CARE PROVIDER;16
(B) A
PRESCRIBING PSYCHOLOGIST OR LICENSED PSYCHOLOGIST17
WITH A CONDITIONAL PRESCRIPTION CERTIFICATE SHALL NOTIFY THE18
PRIMARY TREATING HEALTH -CARE PROVIDER OR OTHER HEALTH -CARE19
PROVIDER TO WHOM THE PSYCHOLOGIST REFERS THE CLIENT PURSUANT TO20
SUBSECTION (6)(c)(IV) OF THIS SECTION REGARDING RESULTS OF21
LABORATORY TESTS RELATED TO THE MEDICAL CARE OF THE CLIENT THAT22
HAVE BEEN ORDERED BY THE PSYCHOLOGIST IN CONJUNCTION WITH23
PSYCHOPHARMACOLOGICAL TREATMENT ; AND24
(C) A
PRESCRIBING PSYCHOLOGIST OR LICENSED PSYCHOLOGIST25
WITH A CONDITIONAL PRESCRIPTION CERTIFICATE SHALL NOTIFY A26
PRIMARY TREATING HEALTH -CARE PROVIDER OR OTHER HEALTH -CARE27
1071
-12- PROVIDER TO WHOM THE PSYCHOLOGIST REFERS THE CLIENT PURSUANT TO1
SUBSECTION (6)(c)(IV) OF THIS SECTION AS SOON AS POSSIBLE OF ANY2
CHANGE IN THE CLIENT'S PSYCHOLOGICAL CONDITION THAT MAY AFFECT3
THE MEDICAL TREATMENT BEING PROVIDED BY THE HEALTH -CARE4
PROVIDER.5
(VI) T
HIS SUBSECTION (6) DOES NOT REQUIRE A PRESCRIBING6
PSYCHOLOGIST OR A LICENSED PSYCHOLOGIST WITH A CONDITIONAL7
PRESCRIPTION CERTIFICATE TO GIVE PRIOR NOTICE TO OR OBTAIN PRIOR8
APPROVAL FROM A HEALTH-CARE PROVIDER TO PRESCRIBE PSYCHOTROPIC9
MEDICATION TO A CLIENT WITH WHOM THE LICENSED PSYCHOLOGIST HAS10
AN ESTABLISHED PSYCHOLOGIST -CLIENT RELATIONSHIP.11
(d) I
N ACCORDANCE WITH SECTION 12-245-203, A PRESCRIBING12
PSYCHOLOGIST
SHALL NOT PRESCRIBE MEDICATION TO A CLIENT UNLESS13
IT IS WITHIN THE PRESCRIBING PSYCHOLOGIST 'S SCOPE OF TRAINING,14
EXPERIENCE, AND COMPETENCE.15
16
(6) Complaints. THE COLORADO MEDICAL BOARD SHALL REVIEW17
COMPLAINTS IN THE NORMAL COURSE OF BUSINESS AND MAKE18
RECOMMENDATIONS TO THE BOARD REGARDING VIOLATIONS OF THIS19
SECTION AND DISCIPLINARY ACTION TO BE TAKEN BY THE BOARD , IF20
APPLICABLE.21
(7) Prescription information. T HE ENTITY THAT DISPENSES A22
PRESCRIPTION FOR A PSYCHOTROPIC MEDICATION WRITTEN BY A23
PRESCRIBING PSYCHOLOGIST SHALL COMPLY WITH APPLICABLE STATE AND24
FEDERAL LAWS.25
(8) Disclosure. A PRESCRIBING PSYCHOLOGIST SHALL DISCLOSE TO26
EACH PATIENT TO WHOM THE PSYCHOLOGIST PRESCRIBES A PSYCHOTROPIC27
1071
-13- MEDICATION THAT THE PSYCHOLOGIST IS NOT A PHYSICIAN LICENSED TO1
PRACTICE MEDICINE. THE DISCLOSURE MUST BE IN WRITING, SIGNED BY2
THE PATIENT, AND KEPT IN THE PATIENT'S RECORD ON FILE WITH THE3
PSYCHOLOGIST.4
(9) A PRESCRIBING PSYCHOLOGIST SHALL NOT PRESCRIBE ANY5
DRUG TO A PERSON UNDER EIGHTEEN YEARS OF AGE WITHOUT INFORMED6
CONSENT FROM THE PARENT OR GUARDIAN OF SUCH PERSON .7
(10) Drug enforcement administration number. E
ACH8
PRESCRIBING PSYCHOLOGIST
SHALL FILE WITH THE BOARD, IN THE FORM9
AND MANNER DETERMINED BY THE BOARD , ALL INDIVIDUAL FEDERAL10
DRUG ENFORCEMENT ADMINISTRATION REGISTRATIONS AND NUMBERS .11
T
HE BOARD AND THE COLORADO MEDICAL BOARD SHALL MAINTAIN12
CURRENT RECORDS OF EVERY PSYCHOLOGIST WITH PRESCRIPTIVE13
AUTHORITY, INCLUDING THE PSYCHOLOGIST 'S REGISTRATIONS AND14
NUMBERS.15
(11) (a) T
HE DEPARTMENT SHALL ANNUALLY COLLECT16
INFORMATION REGARDING :17
(I) THE NUMBER OF PRESCRIBING PSYCHOLOGISTS IN THIS STATE;18
(II) T
HE LOCATION OF PRACTICE OF EACH PRESCRIBING19 PSYCHOLOGIST;20
(III) T
HE NUMBER OF PRESCRIBING PSYCHOLOGISTS
WHO21
ACCEPT CLIENTS WITH PRIVATE HEALTH INSURANCE OR WHO ARE22
ENROLLED IN THE MEDICAL ASSISTANCE PROGRAM ESTABLISHED23
PURSUANT TO PARTS 4 TO 6 OF TITLE 25.5;24
(IV) T
HE TYPE OF PRACTICE OF EACH PRESCRIBING
PSYCHOLOGIST;25
AND 26
(V) T
HE POPULATIONS SERVED BY EACH PRESCRIBING27
1071
-14- PSYCHOLOGIST.1
(b) T
HE DEPARTMENT SHALL COMPILE THE INFORMATION AND2
SHARE IT WITH THE OFFICE IN THE DEPARTMENT THAT IS RESPONSIBLE FOR3
CONDUCTING SUNSET REVIEWS PURSUANT TO SECTION 24-34-104. THE4
OFFICE SHALL INCLUDE THE INFORMATION IN EACH SCHEDULED SUNSET5
REVIEW CONCERNING THE REGULATION OF MENTAL HEALTH6
PROFESSIONALS PURSUANT TO SECTION 24-34-104.7
SECTION 4. Act subject to petition - effective date. This act8
takes effect at 12:01 a.m. on the day following the expiration of the9
ninety-day period after final adjournment of the general assembly; except10
that, if a referendum petition is filed pursuant to section 1 (3) of article V11
of the state constitution against this act or an item, section, or part of this12
act within such period, then the act, item, section, or part will not take13
effect unless approved by the people at the general election to be held in14
November 2024 and, in such case, will take effect on the date of the15
official declaration of the vote thereon by the governor.16
1071
-15-