Colorado 2023 Regular Session

Colorado House Bill HB1071 Compare Versions

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1+First Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 23-0051.01 Kristen Forrestal x4217
18 HOUSE BILL 23-1071
2-BY REPRESENTATIVE(S) Amabile and Bradfield, Armagost, Boesenecker,
3-Brown, deGruy Kennedy, Dickson, Duran, English, Epps, Froelich, Garcia,
4-Gonzales-Gutierrez, Jodeh, Lindsay, Lindstedt, Mabrey, Marshall, McCormick,
5-McLachlan, Ricks, Velasco, Weinberg, Young, McCluskie, Bird, Hamrick,
6-Holtorf, Kipp, Parenti, Sharbini, Sirota, Snyder, Weissman;
7-also SENATOR(S) Simpson and Fenberg, Bridges, Coleman, Fields, Gardner,
8-Ginal, Gonzales, Hinrichsen, Kirkmeyer, Kolker, Liston, Lundeen, Marchman,
9-Moreno, Pelton B., Pelton R., Priola, Rodriguez, Sullivan, Will, Winter F.
10-CONCERNING THE AUTHORITY OF A LICENSED PSYCHOLOGIST TO PRESCRIBE
11-PSYCHOTROPIC MEDICATION FOR THE TREATMENT OF MENTAL
12-HEALTH DISORDERS
13-.
9+House Committees Senate Committees
10+Public & Behavioral Health & Human Services Health & Human Services
11+A BILL FOR AN ACT
12+C
13+ONCERNING THE AUTHORITY OF A LICENSED PSYCHOLOGIST TO101
14+PRESCRIBE PSYCHOTROPIC MEDICATION FOR THE TREATMENT102
15+OF MENTAL HEALTH DISORDERS .103
16+Bill Summary
17+(Note: This summary applies to this bill as introduced and does
18+not reflect any amendments that may be subsequently adopted. If this bill
19+passes third reading in the house of introduction, a bill summary that
20+applies to the reengrossed version of this bill will be available at
21+http://leg.colorado.gov
22+.)
23+The bill adds 2 members to the state board of psychologist
24+examiners (board) and requires 2 of the 9 members of the board to be
25+prescribing psychologists.
26+The bill allows a licensed psychologist to prescribe and administer
27+psychotropic medications if the licensed psychologist holds a conditional
28+SENATE
29+3rd Reading Unamended
30+February 23, 2023
31+SENATE
32+Amended 2nd Reading
33+February 22, 2023
34+HOUSE
35+3rd Reading Unamended
36+February 9, 2023
37+HOUSE
38+Amended 2nd Reading
39+February 8, 2023
40+HOUSE SPONSORSHIP
41+Amabile and Bradfield, Armagost, Boesenecker, Brown, deGruy Kennedy, Dickson,
42+Duran, English, Epps, Froelich, Garcia, Gonzales-Gutierrez, Jodeh, Lindsay, Lindstedt,
43+Mabrey, Marshall, McCluskie, McCormick, McLachlan, Ricks, Velasco, Weinberg, Young
44+SENATE SPONSORSHIP
45+Simpson and Fenberg, Bridges, Coleman, Fields, Gardner, Ginal, Gonzales, Hinrichsen,
46+Kirkmeyer, Kolker, Liston, Lundeen, Marchman, Moreno, Pelton B., Pelton R., Priola,
47+Rodriguez, Sullivan, Will, Winter F.
48+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
49+Capital letters or bold & italic numbers indicate new material to be added to existing law.
50+Dashes through the words or numbers indicate deletions from existing law. prescription certificate or a prescription certificate issued by the board.
51+A licensed psychologist may apply to the board for a conditional
52+prescription certificate and must include in the application satisfactory
53+evidence that the applicant has met specific educational, supervisory, and
54+clinical requirements. The board is required to issue a conditional
55+prescription certificate to the licensed psychologist if the board
56+determines the applicant has met the requirements. The licensed
57+psychologist with a conditional prescription certificate may only
58+administer and prescribe psychotropic medications under the supervision
59+of a licensed physician or advanced practice registered nurse and must
60+maintain a collaborative relationship with the patient's health-care
61+provider.
62+A licensed psychologist who holds a conditional prescription
63+certificate for 2 years and who meets the specified requirements may
64+apply for and receive a prescription certificate (prescribing psychologist).
65+A licensed psychologist with a prescription certificate may prescribe
66+psychotropic medication to a person if the licensed psychologist:
67+! Holds a current license in good standing;
68+! Maintains the required malpractice insurance; and
69+! Annually completes at least 20 hours of continuing
70+education.
71+The board is authorized to promulgate rules to:
72+! Implement procedures for obtaining a conditional
73+prescription certificate and a prescription certificate; and
74+! Establish grounds for denial, suspension, and revocation of
75+the certificates.
76+The bill requires a prescribing psychologist and a licensed
77+psychologist with a conditional prescription certificate to file with the
78+board all individual federal drug enforcement administration registrations
79+and numbers. The board and the Colorado medical board are required to
80+maintain current records of every psychologist with prescriptive authority,
81+including registrations and numbers.
82+The department of regulatory agencies (department) is required to
83+annually collect information regarding prescribing psychologists and
84+licensed psychologists with conditional prescription certificates, to
85+compile the information, and to share the information with the office in
86+the department responsible for conducting sunset reviews for inclusion in
87+each scheduled sunset review concerning the regulation of mental health
88+professionals.
89+Be it enacted by the General Assembly of the State of Colorado:1
90+SECTION 1. In Colorado Revised Statutes, 12-245-224, add (3)
91+2
92+1071-2- as follows:1
93+12-245-224. Prohibited activities - related provisions -2
94+definition. (3) (a) T
95+HE BOARD SHALL DESIGN AND SEND A
96+3
97+QUESTIONNAIRE TO ALL LICENSED PSYCHOLOGISTS WITH PRESCRIPTIVE4
98+AUTHORITY WHO APPLY FOR LICENSE RENEWAL . EACH APPLICANT FOR5
99+LICENSE RENEWAL SHALL COMPLETE THE BOARD -DESIGNED6
100+QUESTIONNAIRE. THE PURPOSE OF THE QUESTIONNAIRE IS TO DETERMINE7
101+WHETHER A LICENSEE HAS ACTED IN VIOLATION OF THIS PART 2 OR HAS8
102+BEEN DISCIPLINED FOR ANY ACTION THAT MIGHT BE CONSIDERED A9
103+VIOLATION OF THIS PART 2 OR THAT MIGHT MAKE THE LICENSEE UNFIT TO10
104+PRACTICE PSYCHOLOGY WITH REASONABLE CARE AND SAFETY . THE BOARD11
105+SHALL INCLUDE ON THE QUESTIONNAIRE A QUESTION REGARDING12
106+WHETHER THE LICENSEE HAS COMPLIED WITH SECTION 12-30-111 AND IS13
107+IN COMPLIANCE WITH SECTION 12-280-403 (2)(a). IF AN APPLICANT FAILS14
108+TO ANSWER THE QUESTIONNAIRE ACCURATELY , THE FAILURE CONSTITUTES15
109+GROUNDS FOR DISCIPLINE UNDER THIS SECTION. THE BOARD MAY INCLUDE16
110+THE COST OF DEVELOPING AND REVIEWING THE QUESTIONNAIRE IN THE FEE17
111+PAID PURSUANT TO SECTION 12-245-205 OF THIS SECTION. THE BOARD18
112+MAY DENY AN APPLICATION FOR LICENSE RENEWAL THAT DOES NOT19
113+ACCOMPANY AN ACCURATELY COMPLETED QUESTIONNAIRE .20
114+(b) O
115+N AND AFTER JULY 1, 2024, AS A CONDITION OF RENEWAL OF
116+21
117+A LICENSE, EACH LICENSEE SHALL ATTEST THAT THE LICENSEE IS IN22
118+COMPLIANCE WITH SECTION 12-280-403 (2)(a) AND THAT THE LICENSEE IS23
119+AWARE OF THE PENALTIES FOR NONCOMPLIANCE WITH THAT SECTION .24
120+SECTION 2. In Colorado Revised Statutes, 12-30-109, amend25
121+(1)(b), (4)(e), and (4)(f); and add (4)(g) as follows:26
122+12-30-109. Prescriptions - limitations - definition - rules.27
123+1071
124+-3- (1) (b) Prior to prescribing any opioid or benzodiazepine prescription1
125+pursuant to this section, a prescriber must comply with section2
126+12-280-404 (4). Failure to comply with section 12-280-404 (4) constitutes3
127+unprofessional conduct or grounds for discipline, as applicable, under4
128+section 12-220-201, 12-240-121, 12-245-224, 12-255-120, 12-275-120,5
129+12-290-108, or 12-315-112, as applicable to the particular prescriber, only6
130+if the prescriber repeatedly fails to comply.7
131+(4) As used in this section, "prescriber" means:8
132+(e) A podiatrist licensed pursuant to article 290 of this title 12; or9
133+(f) A veterinarian licensed pursuant to part 1 of article 315 of this10
134+title 12; or11
135+(g) A
136+ LICENSED PSYCHOLOGIST WITH PRESCRIPTIVE AUTHORITY
137+12
138+PURSUANT TO SECTION 12-245-309.13
139+SECTION 3. In Colorado Revised Statutes, 12-245-301, amend14
140+(4), (5), and (6); and add (7), (8), (9), (10), (11), (12), and (13) as15
141+follows:16
142+12-245-301. Definitions. As used in this part 3, unless the context17
143+otherwise requires:18
144+(4) "Licensed psychologist" means a person licensed under this19
145+part 3 "INDEPENDENTLY LICENSED PRESCRIBING PHYSICIAN " MEANS A20
146+PHYSICIAN LICENSED PURSUANT TO ARTICLE 240 OF THIS TITLE 12 WHO21
147+SUPERVISES LICENSED PSYCHOLOGISTS PARTICIPATING IN PRACTICUMS22
148+DESCRIBED IN SECTION 12-245-309 (2)(a)(IV).23
149+(5) "Professional psychological training program" means a24
150+doctoral training program that:25
151+(a) Is a planned program of study that reflects an integration of the26
152+science and practice of psychology; and27
153+1071
154+-4- (b) For applicants receiving their terminal degrees after 1990, is1
155+designated as a doctoral program in psychology by the Association of2
156+State and Provincial Psychology Boards or the National Register of3
157+Health Service Psychologists, or is accredited by the American4
158+Psychological Association or Canadian Psychological Association5
159+"L
160+ICENSED PSYCHOLOGIST" MEANS A PERSON LICENSED PURSUANT TO THIS
161+6
162+PART 3.7
163+(6) "Telepsychology" means the provision of psychological8
164+services using telecommunications technologies "NARCOTIC DRUG"9
165+HAS THE SAME MEANING AS SET FORTH IN SECTION 18-18-102 (20).10
166+(7) "PRESCRIBING PSYCHOLOGIST " MEANS A LICENSED11
167+PSYCHOLOGIST WHO HOLDS A PRESCRIPTION CERTIFICATE .12
168+(8) "PRESCRIPTION CERTIFICATE" MEANS A DOCUMENT ISSUED BY13
169+THE BOARD, WITH APPROVAL OF THE COLORADO MEDICAL BOARD , TO A14
170+LICENSED PSYCHOLOGIST THAT PERMITS THE LICENSED PSYCHOLOGIST TO15
171+PRESCRIBE PSYCHOTROPIC MEDICATIONS PURSUANT TO THIS PART 3.16
172+(9) "PROFESSIONAL PSYCHOLOGICAL TRAINING PROGRAM " MEANS17
173+A DOCTORAL TRAINING PROGRAM THAT :18
174+(a) I
175+S A PLANNED PROGRAM OF STUDY THAT REFLECTS AN19
176+INTEGRATION OF THE SCIENCE AND PRACTICE OF PSYCHOLOGY ; AND20
177+(b) F
178+OR APPLICANTS RECEIVING THEIR TERMINAL DEGREES AFTER21
179+1990,
180+ IS DESIGNATED AS A DOCTORAL PROGRAM IN PSYCHOLOGY BY THE22
181+A
182+SSOCIATION OF STATE AND PROVINCIAL PSYCHOLOGY BOARDS OR THE23
183+N
184+ATIONAL REGISTER OF HEALTH SERVICE PSYCHOLOGISTS OR IS24
185+ACCREDITED BY THE AMERICAN PSYCHOLOGICAL ASSOCIATION OR25
186+C
187+ANADIAN PSYCHOLOGICAL ASSOCIATION.26
188+(10)
189+ (a) "PSYCHOTROPIC MEDICATION " MEANS A CONTROLLED27
190+1071
191+-5- SUBSTANCE OR DANGEROUS DRUG :1
192+(I) T
193+HAT MAY NOT BE DISPENSED OR ADMINISTERED WITHOUT A2
194+PRESCRIPTION;3
195+(II) F
196+OR WHICH THE PRIMARY INDICATION FOR USE IS APPROVED BY4
197+THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE TREATMENT OF5
198+MENTAL HEALTH DISORDERS ; AND6
199+(III) T
200+HAT IS LISTED AS A PSYCHOTHERAPEUTIC AGENT IN THE7
201+MOST RECENT EDITION OF "DRUG FACTS AND COMPARISONS" OR IN THE8
202+A
203+MERICAN HOSPITAL FORMULARY SERVICE DRUG INFORMATION9
204+COMPENDIUM.10
205+(b) "P
206+SYCHOTROPIC MEDICATION" DOES NOT INCLUDE A NARCOTIC11
207+DRUG.12
14208
15-Be it enacted by the General Assembly of the State of Colorado:
16-SECTION 1. In Colorado Revised Statutes, 12-245-224, add (3) as
17-follows:
18-12-245-224. Prohibited activities - related provisions - definition.
19-(3) (a) T
20-HE BOARD SHALL DESIGN AND SEND A QUESTIONNAIRE TO ALL
21-LICENSED PSYCHOLOGISTS WITH PRESCRIPTIVE AUTHORITY WHO APPLY FOR
22-LICENSE RENEWAL
23-. EACH APPLICANT FOR LICENSE RENEWAL SHALL
24-COMPLETE THE BOARD
25--DESIGNED QUESTIONNAIRE. THE PURPOSE OF THE
26-NOTE: This bill has been prepared for the signatures of the appropriate legislative
27-officers and the Governor. To determine whether the Governor has signed the bill
28-or taken other action on it, please consult the legislative status sheet, the legislative
29-history, or the Session Laws.
30-________
31-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
32-through words or numbers indicate deletions from existing law and such material is not part of
33-the act. QUESTIONNAIRE IS TO DETERMINE WHETHER A LICENSEE HAS ACTED IN
34-VIOLATION OF THIS PART
35-2 OR HAS BEEN DISCIPLINED FOR ANY ACTION THAT
36-MIGHT BE CONSIDERED A VIOLATION OF THIS PART
37-2 OR THAT MIGHT MAKE
38-THE LICENSEE UNFIT TO PRACTICE PSYCHOLOGY WITH REASONABLE CARE
39-AND SAFETY
40-. THE BOARD SHALL INCLUDE ON THE QUESTIONNAIRE A
41-QUESTION REGARDING WHETHER THE LICENSEE HAS COMPLIED WITH SECTION
42-12-30-111 AND IS IN COMPLIANCE WITH SECTION 12-280-403 (2)(a). IF AN
43-APPLICANT FAILS TO ANSWER THE QUESTIONNAIRE ACCURATELY
44-, THE
45-FAILURE CONSTITUTES GROUNDS FOR DISCIPLINE UNDER THIS SECTION
46-. THE
47-BOARD MAY INCLUDE THE COST OF DEVELOPING AND REVIEWING THE
48-QUESTIONNAIRE IN THE FEE PAID PURSUANT TO SECTION
49-12-245-205. THE
50-BOARD MAY DENY AN APPLICATION FOR LICENSE RENEWAL THAT DOES NOT
51-ACCOMPANY AN ACCURATELY COMPLETED QUESTIONNAIRE
52-.
53-(b) O
54-N AND AFTER JULY 1, 2024, AS A CONDITION OF RENEWAL OF A
55-LICENSE
56-, EACH LICENSEE SHALL ATTEST THAT THE LICENSEE IS IN
57-COMPLIANCE WITH SECTION
58-12-280-403 (2)(a) AND THAT THE LICENSEE IS
59-AWARE OF THE PENALTIES FOR NONCOMPLIANCE WITH THAT SECTION
60-.
61-SECTION 2. In Colorado Revised Statutes, 12-30-109, amend
62-(1)(b), (4)(e), and (4)(f); and add (4)(g) as follows:
63-12-30-109. Prescriptions - limitations - definition - rules.
64-(1) (b) Prior to prescribing any opioid or benzodiazepine prescription
65-pursuant to this section, a prescriber must comply with section 12-280-404
66-(4). Failure to comply with section 12-280-404 (4) constitutes
67-unprofessional conduct or grounds for discipline, as applicable, under
68-section 12-220-201, 12-240-121, 12-245-224, 12-255-120, 12-275-120,
69-12-290-108, or 12-315-112, as applicable to the particular prescriber, only
70-if the prescriber repeatedly fails to comply.
71-(4) As used in this section, "prescriber" means:
72-(e) A podiatrist licensed pursuant to article 290 of this title 12; or
73-(f) A veterinarian licensed pursuant to part 1 of article 315 of this
74-title 12;
75-OR
76-(g) A LICENSED PSYCHOLOGIST WITH PRESCRIPTIVE AUTHORITY
77-PURSUANT TO SECTION
78-12-245-309.
79-PAGE 2-HOUSE BILL 23-1071 SECTION 3. In Colorado Revised Statutes, 12-245-301, amend
80-(4), (5), and (6); and add (7), (8), (9), (10), and (11) as follows:
81-12-245-301. Definitions. As used in this part 3, unless the context
82-otherwise requires:
83-(4) "Licensed psychologist" means a person licensed under this part
84-3 "INDEPENDENTLY LICENSED PRESCRIBING PHYSICIAN " MEANS A PHYSICIAN
85-LICENSED PURSUANT TO ARTICLE
86-240 OF THIS TITLE 12 WHO SUPERVISES
87-LICENSED PSYCHOLOGISTS PARTICIPATING IN PRACTICUMS DESCRIBED IN
88-SECTION
89-12-245-309 (2)(a)(IV).
90-(5) "Professional psychological training program" means a doctoraltraining program that:
91-(a) Is a planned program of study that reflects an integration of the
92-science and practice of psychology; and
93-(b) For applicants receiving their terminal degrees after 1990, is
94-designated as a doctoral program in psychology by the Association of State
95-and Provincial Psychology Boards or the National Register of Health
96-Service Psychologists, or is accredited by the American Psychological
97-Association or Canadian Psychological Association "LICENSED
98-PSYCHOLOGIST
99-" MEANS A PERSON LICENSED PURSUANT TO THIS PART 3.
100-(6) "Telepsychology" means the provision of psychological servicesusing telecommunications technologies "NARCOTIC DRUG" HAS THE SAME
101-MEANING AS SET FORTH IN SECTION
102-18-18-102 (20).
103-(7) "P
104-RESCRIBING PSYCHOLOGIST " MEANS A LICENSED
105-PSYCHOLOGIST WHO HOLDS A PRESCRIPTION CERTIFICATE
106-.
107-(8) "P
108-RESCRIPTION CERTIFICATE" MEANS A DOCUMENT ISSUED BY
109-THE BOARD
110-, WITH APPROVAL OF THE COLORADO MEDICAL BOARD , TO A
111-LICENSED PSYCHOLOGIST THAT PERMITS THE LICENSED PSYCHOLOGIST TO
112-PRESCRIBE PSYCHOTROPIC MEDICATIONS PURSUANT TO THIS PART
113-3.
114-(9) "P
115-ROFESSIONAL PSYCHOLOGICAL TRAINING PROGRAM " MEANS A
116-DOCTORAL TRAINING PROGRAM THAT
117-:
118-PAGE 3-HOUSE BILL 23-1071 (a) IS A PLANNED PROGRAM OF STUDY THAT REFLECTS AN
119-INTEGRATION OF THE SCIENCE AND PRACTICE OF PSYCHOLOGY
120-; AND
121-(b) FOR APPLICANTS RECEIVING THEIR TERMINAL DEGREES AFTER
122-1990, IS DESIGNATED AS A DOCTORAL PROGRAM IN PSYCHOLOGY BY THE
123-ASSOCIATION OF STATE AND PROVINCIAL PSYCHOLOGY BOARDS OR THE
124-NATIONAL REGISTER OF HEALTH SERVICE PSYCHOLOGISTS OR IS
125-ACCREDITED BY THE
126-AMERICAN PSYCHOLOGICAL ASSOCIATION OR
127-CANADIAN PSYCHOLOGICAL ASSOCIATION.
128-(10) (a) "P
129-SYCHOTROPIC MEDICATION " MEANS A CONTROLLED
130-SUBSTANCE OR DANGEROUS DRUG
131-:
132-(I) T
133-HAT MAY NOT BE DISPENSED OR ADMINISTERED WITHOUT A
134-PRESCRIPTION
135-;
136-(II) F
137-OR WHICH THE PRIMARY INDICATION FOR USE IS APPROVED BY
138-THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE TREATMENT OF
139-MENTAL HEALTH DISORDERS
140-; AND
141-(III) THAT IS LISTED AS A PSYCHOTHERAPEUTIC AGENT IN THE MOST
142-RECENT EDITION OF
143-"DRUG FACTS AND COMPARISONS" OR IN THE AMERICAN
144-HOSPITAL FORMULARY SERVICE DRUG INFORMATION COMPENDIUM
145-.
146-(b) "P
147-SYCHOTROPIC MEDICATION" DOES NOT INCLUDE A NARCOTIC
148-DRUG
149-.
150-(11) "T
151-ELEPSYCHOLOGY" MEANS THE PROVISION OF PSYCHOLOGICAL
152-SERVICES USING TELECOMMUNICATIONS TECHNOLOGIES
153-.
154-SECTION 4. In Colorado Revised Statutes, 12-245-302, amend
155-(2)(a) as follows:
156-12-245-302. State board of psychologist examiners - created -
157-members - terms. (2) The board consists of seven members who are
158-residents of the state of Colorado as follows:
159-(a) Four board members must be licensed psychologists, at least two
160-of whom shall be engaged in the direct practice of psychology
161-AND ONE OF
162-WHOM IS A PRESCRIBING PSYCHOLOGIST
163-; except that, if, after a good-faith
164-PAGE 4-HOUSE BILL 23-1071 attempt, the governor determines that an applicant for membership on the
165-board pursuant to this subsection (2)(a) who is engaged in the direct
166-practice of psychology
167-OR WHO IS A PRESCRIBING PSYCHOLOGIST is not
168-available to serve on the board for a particular term, the governor may
169-appoint a licensed psychologist who is not engaged in the direct practice of
170-psychology
171-OR WHO IS NOT A PRESCRIBING PSYCHOLOGIST .
172-SECTION 5. In Colorado Revised Statutes, add 12-245-309 as
173-follows:
174-12-245-309. Prescription authority - psychotropic drugs -
175-prescription certificates - requirements - issuance, denial, renewal, and
176-revocation of certification - rules. (1) Prescribing and administering
177-psychotropic medications. (a) A
178- LICENSED PSYCHOLOGIST MAY ONLY
179-ADMINISTER OR PRESCRIBE PSYCHOTROPIC MEDICATION TO A PERSON
180-PURSUANT TO THE REQUIREMENTS AND LIMITATIONS SET FORTH IN THIS
181-SECTION
182-.
209+13
210+(11) "TELEPSYCHOLOGY" MEANS THE PROVISION OF14
211+PSYCHOLOGICAL SERVICES USING TELECOMMUNICATIONS TECHNOLOGIES .15
212+SECTION 4. In Colorado Revised Statutes, 12-245-302, amend16
213+ (2)(a) as follows:17
214+12-245-302. State board of psychologist examiners - created18
215+- members - terms. (2) The board consists of seven members who are19
216+residents of the state of Colorado as follows:20
217+(a) Four board members must be licensed psychologists, at least21
218+two of whom shall be engaged in the direct practice of psychology AND22
219+ONE OF WHOM IS A PRESCRIBING PSYCHOLOGIST; except that, if, after a23
220+good-faith attempt, the governor determines that an applicant for24
221+membership on the board pursuant to this subsection (2)(a) who is25
222+engaged in the direct practice of psychology
223+OR WHO IS A PRESCRIBING26
224+PSYCHOLOGIST is not available to serve on the board for a particular term,27
225+1071
226+-6- the governor may appoint a licensed psychologist who is not engaged in1
227+the direct practice of psychology
228+OR WHO IS NOT A PRESCRIBING2
229+PSYCHOLOGIST.3
230+SECTION 5.
231+ In Colorado Revised Statutes, add 12-245-309 as4
232+follows:5
233+12-245-309. Prescription authority - psychotropic drugs -6
234+prescription certificates - requirements - issuance, denial, renewal,7
235+and revocation of certification - rules. (1) Prescribing and8
236+administering psychotropic medications. (a) A
237+ LICENSED9
238+PSYCHOLOGIST MAY ONLY ADMINISTER OR PRESCRIBE PSYCHOTROPIC10
239+MEDICATION TO A PERSON PURSUANT TO THE REQUIREMENTS AND11
240+LIMITATIONS SET FORTH IN THIS SECTION.12
183241 (b) A
184- LICENSED PSYCHOLOGIST MUST HOLD A PRESCRIPTION
185-CERTIFICATE IN ORDER TO PRESCRIBE OR ADMINISTER PSYCHOTROPIC
186-MEDICATION
187-.
188-(2) Prescription certificate. (a) A
189- LICENSED PSYCHOLOGIST MAY
190-APPLY TO THE BOARD FOR A PRESCRIPTION CERTIFICATE IN THE FORM AND
191-MANNER APPROVED BY THE BOARD
192-. THE APPLICANT MUST INCLUDE
193-SATISFACTORY EVIDENCE THAT THE APPLICANT
194-:
242+ LICENSED PSYCHOLOGIST MUST HOLD
243+ A PRESCRIPTION13
244+CERTIFICATE IN ORDER TO PRESCRIBE OR ADMINISTER PSYCHOTROPIC14
245+MEDICATION.15
246+(2) Prescription certificate. (a) A LICENSED PSYCHOLOGIST MAY16
247+APPLY TO THE BOARD FOR A PRESCRIPTION CERTIFICATE IN THE FORM17
248+AND MANNER APPROVED BY THE BOARD . THE APPLICANT MUST INCLUDE18
249+SATISFACTORY EVIDENCE THAT THE APPLICANT :19
195250 (I) H
196-AS COMPLETED A DOCTORAL PROGRAM IN PSYCHOLOGY FROM
197-AN APPROVED SCHOOL OR FROM A DOCTORAL PROGRAM THAT WAS NOT
198-ACCREDITED AT THE TIME OF THE APPLICANT
199-'S GRADUATION BUT MEETS THE
200-PROFESSIONAL STANDARDS APPROVED BY THE BOARD
201-;
251+AS COMPLETED A DOCTORAL PROGRAM IN PSYCHOLOGY FROM20 AN APPROVED SCHOOL OR FROM A DOC TORAL PROGRAM THAT WAS NOT21
252+ACCREDITED AT THE TIME OF THE APPLICANT 'S GRADUATION BUT MEETS22
253+THE PROFESSIONAL STANDARDS APPROVED BY THE BOARD ;23
202254 (II) H
203-AS SUCCESSFULLY COMPLETED A MASTER OF SCIENCE IN A
204-CLINICAL PSYCHOPHARMACOLOGY PROGRAM THAT IS DESIGNATED BY THE
205-AMERICAN PSYCHOLOGICAL ASSOCIATION OR ANY EDUCATION AS SET
206-FORTH IN RULES PROMULGATED BY THE BOARD WITH APPROVAL OF THE
207-COLORADO MEDICAL BOARD AND THAT CONSISTS OF DIDACTIC INSTRUCTION
208-OF AT LEAST FOUR HUNDRED FIFTY CLASSROOM HOURS IN AT LEAST THE
209-FOLLOWING CORE AREAS OF INSTRUCTION
210-:
211-PAGE 5-HOUSE BILL 23-1071 (A) NEUROSCIENCE;
255+AS SUCCESSFULLY COMPLETED A MASTER OF SCIENCE IN A24
256+CLINICAL PSYCHOPHARMACOLOGY PROGRAM THAT IS DESIGNATED BY THE25
257+A
258+MERICAN PSYCHOLOGICAL ASSOCIATION OR
259+ANY EDUCATION AS SET26
260+FORTH IN RULES PROMULGATED BY THE BOARD WITH APPROVAL OF THE27
261+1071
262+-7- COLORADO MEDICAL BOARD AND THAT CONSISTS OF DIDACTIC1
263+INSTRUCTION OF AT LEAST FOUR HUNDRED FIFTY CLASSROOM HOURS IN AT2
264+LEAST THE FOLLOWING CORE AREAS OF INSTRUCTION :3
265+(A) N
266+EUROSCIENCE;4
212267 (B) P
213-HARMACOLOGY;
268+HARMACOLOGY;5
214269 (C) P
215-SYCHOPHARMACOLOGY ;
270+SYCHOPHARMACOLOGY ;6
216271 (D) P
217-HYSIOLOGY;
272+HYSIOLOGY;7
218273 (E) P
219-ATHOPHYSIOLOGY;
274+ATHOPHYSIOLOGY;8
220275 (F) A
221-PPROPRIATE AND RELEVANT PHYSICAL AND LABORATORY
222-ASSESSMENT
223-;
276+PPROPRIATE AND RELEVANT PHYSICAL AND LABORATORY9
277+ASSESSMENT;
278+10
224279 (G) C
225280 LINICAL PHARMACOTHERAPEUTICS ; AND
226-(H) BASIC SCIENCES, INCLUDING GENERAL BIOLOGY, MICROBIOLOGY,
227-CELL AND MOLECULAR BIOLOGY , HUMAN ANATOMY, HUMAN PHYSIOLOGY,
228-BIOCHEMISTRY, AND GENETICS, AS PART OF OR PRIOR TO ENROLLMENT IN A
229-MASTER OF SCIENCE DEGREE PROGRAM IN CLINICAL
230-PSYCHOPHARMACOLOGY
231-.
281+11
282+(H) B
283+ASIC SCIENCES, INCLUDING GENERAL BIOLOGY ,
284+12
285+MICROBIOLOGY, CELL AND MOLECULAR BIOLOGY , HUMAN ANATOMY ,13
286+HUMAN PHYSIOLOGY, BIOCHEMISTRY, AND GENETICS, AS PART OF OR PRIOR14
287+TO ENROLLMENT IN A MASTER OF SCIENCE DEGREE PROGRAM IN CLINICAL15
288+PSYCHOPHARMACOLOGY .16
232289 (III) H
233-AS PASSED THE PSYCHOPHARMACOLOGY EXAMINATION FOR
234-PSYCHOLOGISTS DEVELOPED BY THE
235-ASSOCIATION OF STATE AND
236-PROVINCIAL PSYCHOLOGY BOARDS, OR ITS SUCCESSOR ORGANIZATION;
290+AS PASSED THE PSYCHOPHARMACOLOGY EXAMINATION FOR17
291+PSYCHOLOGISTS DEVELOPED BY THE ASSOCIATION OF STATE AND18
292+P
293+ROVINCIAL PSYCHOLOGY BOARDS, OR ITS SUCCESSOR ORGANIZATION;19
237294 (IV) H
238-AS BEEN CERTIFIED BY EACH OF THE APPLICANT 'S
239-INDEPENDENTLY LICENSED PRESCRIBING PHYSICIANS AS HAVING
240-SUCCESSFULLY COMPLETED
241-, IN NOT LESS THAN TWELVE MONTHS BUT NO
242-MORE THAN TWENTY
243--FOUR MONTHS, A SUPERVISED AND RELEVANT CLINICAL
244-EXPERIENCE APPROVED BY THE BOARD AND THE
245-COLORADO MEDICAL BOARD
246-THAT CONSISTS OF
247-:
295+AS BEEN CERTIFIED BY EACH OF THE APPLICANT 'S20
296+INDEPENDENTLY LICENSED PRESCRIBING PHYSICIANS
297+ AS HAVING21
298+SUCCESSFULLY COMPLETED , IN NOT LESS THAN TWELVE MONTHS BUT NO22
299+MORE THAN TWENTY-FOUR MONTHS, A SUPERVISED AND RELEVANT23
300+CLINICAL EXPERIENCE APPROVED BY THE BOARD AND THE COLORADO24
301+MEDICAL BOARD THAT CONSISTS OF :25
302+(A) A ONE-TO-ONE, IN-PERSON SUPERVISED PRACTICUM, OF AT26
303+LEAST SEVEN HUNDRED FIFTY HOURS TREATING AT LEAST ONE HUNDRED27
304+1071
305+-8- FIFTY CLIENTS WITH MENTAL HEALTH DISORDERS UNDER THE SUPERVISION1
306+OF ANY ONE OR A COMBINATION OF APPROPRIATELY TRAINED2
307+INDEPENDENTLY LICENSED PRESCRIBING PHYSICIANS WHO HAVE BEEN3
308+DETERMINED BY THE BOARD AND THE COLORADO MEDICAL BOARD AS4
309+COMPETENT TO TRAIN THE APPLICANT IN THE TREATMENT OF A DIVERSE5
310+CLIENT POPULATION;6
311+(B) INCLUDED IN THE SEVEN HUNDRED FIFTY HOURS REQUIRED IN7
312+SUBSECTION (2)(a)(IV)(A) OF THIS SECTION, AT LEAST AN EIGHTY-HOUR8
313+PRACTICUM IN OBSERVATIONAL CLINICAL ASSESSMENT AND9
314+PATHOPHYSIOLOGY UNDER THE SUPERVISION OF AN INDEPENDENTLY10
315+LICENSED PRESCRIBING PHYSICIAN; AND11
316+(C) IF THE LICENSED PSYCHOLOGIST IS WORKING WITH PATIENTS12
317+UNDER EIGHTEEN YEARS OF AGE OR OVER SIXTY -FIVE YEARS OF AGE, AT13
318+LEAST TWO HUNDRED FIFTY OF THE SEVEN HUNDRED FIFTY HOURS14
319+REQUIRED IN SUBSECTION (2)(a)(IV)(A) OF THIS SECTION UNDER THE15
320+SUPERVISION OF ONE OR MORE INDEPENDENTLY LICENSED PRESCRIBING16
321+PHYSICIANS WHO WORK WITH PATIENTS UNDER EIGHTEEN YEARS OF AGE17
322+OR OVER SIXTY-FIVE YEARS OF AGE, WHICHEVER IS APPLICABLE, IF THE18
323+LICENSED PSYCHOLOGIST IS WORKING WITH SUCH PATIENTS ;19
324+ 20
325+(V) HAS SUCCESSFULLY UNDERGONE A PROCESS OF INDEPENDENT21
326+PEER REVIEW AS SET FORTH IN RULE OF THE BOARD AND APPROVED BY THE22
327+COLORADO MEDICAL BOARD ;23
328+(VI) MAINTAINS COMMERCIAL PROFESSIONAL LIABILITY24
329+INSURANCE WITH AN INSURER AUTHORIZED TO DO BUSINESS IN THIS STATE25
330+OR AN ELIGIBLE NONADM ITTED INSURER AUTHORIZED TO PROVIDE26
331+INSURANCE PURSUANT TO ARTICLE 5 OF TITLE 10 IN A MINIMUM27
332+1071
333+-9- INDEMNITY AMOUNT OF ONE MILLION DOLLARS PER INCIDENT AND THREE1
334+MILLION DOLLARS ANNUAL AGGREGATE PER YEAR ; AND2
335+(VII) MEETS ALL OTHER REQUIREMENTS AS DETERMINED BY THE3
336+BOARD.4
337+(b) T
338+HE BOARD SHALL ISSUE A PRESCRIPTION CERTIFICATE TO AN5
339+APPLICANT WHO THE BOARD DETERMINES HAS MET THE REQUIREMENTS OF6
340+SUBSECTION
341+(2)(a) OF THIS SECTION. A LICENSED PSYCHOLOGIST WITH A7
342+PRESCRIPTION CERTIFICATE MAY PRESCRIBE AND ADMINISTER8
343+PSYCHOTROPIC MEDICATION TO A PERSON IF THE LICENSED PSYCHOLOGIST :9
344+(I) H
345+OLDS A CURRENT LICENSE IN GOOD STANDING TO PRACTICE10
346+PSYCHOLOGY IN THIS STATE;11
347+(II) M
348+AINTAINS THE COMMERCIAL PROFESSIONAL LIABILITY12
349+INSURANCE REQUIRED BY SUBSECTION
350+(2)(a)(VI) OF THIS SECTION; AND13
351+(III) COMPLETES AT LEAST FORTY HOURS OF CONTINUING14
352+EDUCATION EVERY TWO YEARS IN THE AREAS OF PHARMACOLOGY AND15
353+PSYCHOPHARMACOLOGY FOR PRESCRIBING PSYCHOLOGISTS OR A GREATER16
354+AMOUNT AS REQUIRED BY THE BOARD .17
355+(3) Prescription certificate by endorsement. U PON PAYMENT OF18
356+THE REQUIRED LICENSING FEES AND APPROVAL OF THE APPLICATION FOR19
357+A PRESCRIPTION CERTIFICATE BY ENDORSEMENT , THE BOARD MAY CERTIFY20
358+BY ENDORSEMENT AND GRANT A PRESCRIPTION CERTIFICATE TO AN21
359+APPLICANT WHO HAS:22
248360 (a) A
249- ONE-TO-ONE, IN-PERSON SUPERVISED PRACTICUM, OF AT LEAST
250-SEVEN HUNDRED FIFTY HOURS TREATING AT LEAST ONE HUNDRED FIFTY
251-CLIENTS WITH MENTAL HEALTH DISORDERS UNDER THE SUPERVISION OF ANY
252-ONE OR A COMBINATION OF APPROPRIATELY TRAINED INDEPENDENTLY
253-LICENSED PRESCRIBING PHYSICIANS WHO HAVE BEEN DETERMINED BY THE
254-BOARD AND THE
255-COLORADO MEDICAL BOARD AS COMPETENT TO TRAIN THE
256-APPLICANT IN THE TREATMENT OF A DIVERSE CLIENT POPULATION
257-;
258-PAGE 6-HOUSE BILL 23-1071 (B) INCLUDED IN THE SEVEN HUNDRED FIFTY HOURS REQUIRED IN
259-SUBSECTION
260- (2)(a)(IV)(A) OF THIS SECTION, AT LEAST AN EIGHTY-HOUR
261-PRACTICUM IN OBSERVATIONAL CLINICAL ASSESSMENT AND
262-PATHOPHYSIOLOGY UNDER THE SUPERVISION OF AN INDEPENDENTLY
263-LICENSED PRESCRIBING PHYSICIAN
264-; AND
265-(C) IF THE LICENSED PSYCHOLOGIST IS WORKING WITH PATIENTS
266-UNDER EIGHTEEN YEARS OF AGE OR OVER SIXTY
267--FIVE YEARS OF AGE, AT
268-LEAST TWO HUNDRED FIFTY OF THE SEVEN HUNDRED FIFTY HOURS REQUIRED
269-IN SUBSECTION
270- (2)(a)(IV)(A) OF THIS SECTION UNDER THE SUPERVISION OF
271-ONE OR MORE INDEPENDENTLY LICENSED PRESCRIBING PHYSICIANS WHO
272-WORK WITH PATIENTS UNDER EIGHTEEN YEARS OF AGE OR OVER SIXTY
273--FIVE
274-YEARS OF AGE
275-, WHICHEVER IS APPLICABLE, IF THE LICENSED PSYCHOLOGIST
276-IS WORKING WITH SUCH PATIENTS
277-;
278-(V) H
279-AS SUCCESSFULLY UNDERGONE A PROCESS OF INDEPENDENT
280-PEER REVIEW AS SET FORTH IN RULE OF THE BOARD AND APPROVED BY THE
281-COLORADO MEDICAL BOARD ;
282-(VI) M
283-AINTAINS COMMERCIAL PROFESSIONAL LIABILITY INSURANCE
284-WITH AN INSURER AUTHORIZED TO DO BUSINESS IN THIS STATE OR AN
285-ELIGIBLE NONADMITTED INSURER AUTHORIZED TO PROVIDE INSURANCE
286-PURSUANT TO ARTICLE
287-5 OF TITLE 10 IN A MINIMUM INDEMNITY AMOUNT OF
288-ONE MILLION DOLLARS PER INCIDENT AND THREE MILLION DOLLARS ANNUAL
289-AGGREGATE PER YEAR
290-; AND
291-(VII) MEETS ALL OTHER REQUIREMENTS AS DETERMINED BY THE
292-BOARD
293-.
294-(b) T
295-HE BOARD SHALL ISSUE A PRESCRIPTION CERTIFICATE TO AN
296-APPLICANT WHO THE BOARD DETERMINES HAS MET THE REQUIREMENTS OF
297-SUBSECTION
298- (2)(a) OF THIS SECTION. A LICENSED PSYCHOLOGIST WITH A
299-PRESCRIPTION CERTIFICATE MAY PRESCRIBE AND ADMINISTER PSYCHOTROPIC
300-MEDICATION TO A PERSON IF THE LICENSED PSYCHOLOGIST
301-:
302-(I) H
303-OLDS A CURRENT LICENSE IN GOOD STANDING TO PRACTICE
304-PSYCHOLOGY IN THIS STATE
305-;
306-(II) M
307-AINTAINS THE COMMERCIAL PROFESSIONAL LIABILITY
308-INSURANCE REQUIRED BY SUBSECTION
309- (2)(a)(VI) OF THIS SECTION; AND
310-PAGE 7-HOUSE BILL 23-1071 (III) COMPLETES AT LEAST FORTY HOURS OF CONTINUING
311-EDUCATION EVERY TWO YEARS IN THE AREAS OF PHARMACOLOGY AND
312-PSYCHOPHARMACOLOGY FOR PRESCRIBING PSYCHOLOGISTS OR A GREATER
313-AMOUNT AS REQUIRED BY THE BOARD
314-.
315-(3) Prescription certificate by endorsement. U
316-PON PAYMENT OF
317-THE REQUIRED LICENSING FEES AND APPROVAL OF THE APPLICATION FOR A
318-PRESCRIPTION CERTIFICATE BY ENDORSEMENT
319-, THE BOARD MAY CERTIFY BY
320-ENDORSEMENT AND GRANT A PRESCRIPTION CERTIFICATE TO AN APPLICANT
321-WHO HAS
322-:
323-(a) A
324- CURRENT LICENSE IN GOOD STANDING TO PRACTICE
325-PSYCHOLOGY FROM ANOTHER STATE
326-; AND
327-(b) (I) UNRESTRICTED PRESCRIPTIVE AUTHORITY FROM ANOTHER
328-STATE THAT IMPOSES THE EDUCATION
329-, SUPERVISION, AND TRAINING
330-REQUIREMENTS REQUIRED BY THIS SECTION AND BY RULE OF THE BOARD
331-; OR
332-(II) TRAINING FROM THE UNITED STATES DEPARTMENT OF DEFENSE
333-PSYCHOPHARMACOLOGY DEMONSTRATION PROJECT FOR LICENSED
334-PSYCHOLOGISTS OR OTHER SIMILAR PROGRAM THAT IMPOSES THE
335-EDUCATION
336-, SUPERVISION, AND TRAINING REQUIREMENTS REQUIRED BY THIS
337-SECTION AND BY RULE OF THE BOARD
338-.
339-(4) Rules. T
340-HE BOARD MAY PROMULGATE RULES TO :
361+ CURRENT LICENSE IN GOOD STANDING TO PRACTICE23
362+PSYCHOLOGY FROM ANOTHER STATE ; AND24
363+(b) (I) U
364+NRESTRICTED PRESCRIPTIVE AUTHORITY FROM ANOTHER25
365+STATE THAT IMPOSES THE EDUCATION , SUPERVISION, AND TRAINING26
366+REQUIREMENTS REQUIRED BY THIS SECTION AND BY RULE OF THE BOARD ;27
367+1071
368+-10- OR1
369+(II) T
370+RAINING FROM THE UNITED STATES DEPARTMENT OF2
371+DEFENSE PSYCHOPHARMACOLOGY DEMONSTRATION PROJECT FOR3
372+LICENSED PSYCHOLOGISTS OR OTHER SIMILAR PROGRAM THAT IMPOSES4
373+THE EDUCATION, SUPERVISION, AND TRAINING REQUIREMENTS REQUIRED5
374+BY THIS SECTION AND BY RULE OF THE BOARD .6(4) Rules. T HE BOARD MAY PROMULGATE RULES TO :7
341375 (a) I
342-MPLEMENT PROCEDURES FOR OBTAINING A PRESCRIPTION
343-CERTIFICATE AND RENEWALS FOR THE CERTIFICATES
344-; AND
345-(b) IN ADDITION TO THE GROUNDS FOR DISCIPLINE IN SECTION
346-12-245-224, ESTABLISH THE GROUNDS FOR DENIAL , SUSPENSION, AND
347-REVOCATION OF A PRESCRIPTION CERTIFICATE
348-, INCLUDING FOR THE
349-SUSPENSION OF A LICENSE TO PRACTICE PSYCHOLOGY UPON THE SUSPENSION
350-OR REVOCATION OF A CERTIFICATE
351-.
352-(5) Prescribing and administering practices. (a) A
353- PRESCRIBING
354-PSYCHOLOGIST MAY
355-:
376+MPLEMENT PROCEDURES FOR OBTAINING
377+ A PRESCRIPTION8
378+CERTIFICATE AND RENEWALS FOR THE CERTIFICATES ; AND9
379+(b) I
380+N ADDITION TO THE GROUNDS FOR DISCIPLINE IN SECTION10
381+12-245-224,
382+ ESTABLISH THE GROUNDS FOR DENIAL , SUSPENSION, AND11
383+REVOCATION OF A PRESCRIPTION CERTIFICATE, INCLUDING FOR THE12
384+SUSPENSION OF A LICENSE TO PRACTICE PSYCHOLOGY UPON THE13
385+SUSPENSION OR REVOCATION OF A CERTIFICATE .14
386+(5) Prescribing and administering practices. (a) A PRESCRIBING15
387+PSYCHOLOGIST MAY:16
356388 (I) P
357-RESCRIBE PSYCHOTROPIC MEDICATION THROUGH THE USE OF
358-TELEPSYCHOLOGY
359-; AND
360-PAGE 8-HOUSE BILL 23-1071 (II) PRESCRIBE AND ADMINISTER PSYCHOTROPIC MEDICATION WITHIN
361-THE RECOGNIZED SCOPE OF PRACTICE
362-, INCLUDING ORDERING AND REVIEWING
363-LABORATORY TESTS IN CONJUNCTION WITH A PRESCRIPTION FOR THE
364-TREATMENT OF A MENTAL HEALTH DISORDER
365-.
389+RESCRIBE PSYCHOTROPIC MEDICATION THROUGH THE USE OF17
390+TELEPSYCHOLOGY; AND18
391+(II) P
392+RESCRIBE AND ADMINISTER PSYCHOTROPIC MEDICATION19
393+WITHIN THE RECOGNIZED SCOPE OF PRACTICE , INCLUDING ORDERING AND20
394+REVIEWING LABORATORY TESTS IN CONJUNCTION WITH A PRESCRIPTION21
395+FOR THE TREATMENT OF A MENTAL HEALTH DISORDER .22
366396 (b) W
367-HEN PRESCRIBING A PSYCHOTROPIC MEDICATION FOR A
397+HEN PRESCRIBING A PSYCHOTROPIC MEDICATION FOR A23
368398 PATIENT
369-, THE PRESCRIBING PSYCHOLOGIST SHALL MAINTAIN AN ONGOING
370-COLLABORATIVE RELATIONSHIP WITH THE PHYSICIAN WHO OVERSEES THE
371-PATIENT
372-'S GENERAL MEDICAL CARE TO ENSURE THAT NECESSARY MEDICAL
373-EXAMINATIONS ARE CONDUCTED
374-, THE PSYCHOTROPIC MEDICATION IS
375-APPROPRIATE FOR THE PATIENT
376-'S MEDICAL CONDITION, AND SIGNIFICANT
377-CHANGES IN THE PATIENT
378-'S MEDICAL OR PSYCHOLOGICAL CONDITIONS ARE
379-DISCUSSED
380-.
399+, THE PRESCRIBING PSYCHOLOGIST SHALL MAINTAIN AN24
400+ONGOING COLLABORATIVE RELATIONSHIP WITH THE PHYSICIAN WHO25
401+OVERSEES THE PATIENT'S GENERAL MEDICAL CARE TO ENSURE THAT26
402+NECESSARY MEDICAL EXAMINATIONS ARE CONDUCTED , THE27
403+1071
404+-11- PSYCHOTROPIC MEDICATION IS APPROPRIATE FOR THE PATIENT 'S MEDICAL1
405+CONDITION, AND SIGNIFICANT CHANGES IN THE PATIENT 'S MEDICAL OR2
406+PSYCHOLOGICAL CONDITIONS ARE DISCUSSED .3
381407 (c) (I) A
382- PRESCRIBING PSYCHOLOGIST SHALL OBTAIN A RELEASE OF
383-INFORMATION FROM A PATIENT OR THE PATIENT
384-'S LEGAL GUARDIAN
385-AUTHORIZING THE PSYCHOLOGIST TO CONTACT THE PATIENT
386-'S PRIMARY
387-TREATING PHYSICIAN
388-, AS REQUIRED BY LAW.
408+ PRESCRIBING PSYCHOLOGIST
409+ SHALL OBTAIN A RELEASE4
410+OF INFORMATION FROM A PATIENT OR THE PATIENT 'S LEGAL GUARDIAN5
411+AUTHORIZING THE PSYCHOLOGIST TO CONTACT THE PATIENT 'S PRIMARY6
412+TREATING PHYSICIAN, AS REQUIRED BY LAW.7
389413 (II) I
390-F A PATIENT OR THE PATIENT'S LEGAL GUARDIAN REFUSES TO
391-SIGN A RELEASE OF INFORMATION FOR THE PATIENT
392-'S PRIMARY TREATING
393-PHYSICIAN WHO OVERSEES THE PATIENT
394-, THE PRESCRIBING PSYCHOLOGIST
395-SHALL
396-:
414+F A PATIENT OR THE PATIENT'S
415+ LEGAL GUARDIAN REFUSES TO8
416+SIGN A RELEASE OF INFORMATION FOR THE PATIENT 'S PRIMARY TREATING9
417+PHYSICIAN WHO OVERSEES THE PATIENT, THE PRESCRIBING PSYCHOLOGIST10
418+ SHALL:11
397419 (A) I
398-NFORM THE CLIENT OR THE CLIENT 'S LEGAL GUARDIAN THAT
399-THE PSYCHOLOGIST CANNOT TREAT THE PATIENT PHARMACOLOGICALLY
400-WITHOUT AN ONGOING COLLABORATIVE RELATIONSHIP WITH THE CLIENT
401-'S
402-PRIMARY TREATING PHYSICIAN
403-; AND
404-(B) REFER THE PATIENT TO ANOTHER PRESCRIBER WHO IS NOT
405-REQUIRED TO MAINTAIN AN ONGOING COLLABORATIVE RELATIONSHIP WITH
406-A PHYSICIAN
407-.
420+NFORM THE CLIENT OR THE CLIENT'S LEGAL GUARDIAN THAT12
421+THE PSYCHOLOGIST CANNOT TREAT THE PATIENT
422+ PHARMACOLOGICALLY13
423+WITHOUT AN ONGOING COLLABORATIVE RELATIONSHIP WITH THE CLIENT 'S14
424+PRIMARY TREATING PHYSICIAN; AND15
425+(B) R
426+EFER THE PATIENT
427+ TO ANOTHER PRESCRIBER WHO IS NOT16
428+REQUIRED TO MAINTAIN AN ONGOING COLLABORATIVE RELATIONSHIP17
429+WITH A PHYSICIAN.18
408430 (III) B
409431 EFORE PRESCRIBING OR ADMINISTERING A PSYCHOTROPIC
410-MEDICATION TO A PATIENT
411-, A PRESCRIBING PSYCHOLOGIST SHALL
412-COMMUNICATE TO THE PATIENT
413-'S PRIMARY TREATING PHYSICIAN THE INTENT
414-TO PRESCRIBE OR ADMINISTER THE MEDICATION AND MUST RECEIVE
415-ELECTRONIC WRITTEN AGREEMENT FROM THE PHYSICIAN THAT THE
416-PRESCRIPTION FOR OR ADMINISTERING OF THE MEDICATION IS APPROPRIATE
417-.
418-PAGE 9-HOUSE BILL 23-1071 (IV) IF A PATIENT DOES NOT HAVE A PRIMARY TREATING
419-HEALTH
420--CARE PROVIDER WHO IS A LICENSED PHYSICIAN , THE PRESCRIBING
421-PSYCHOLOGIST SHALL REFER THE PATIENT TO A LICENSED PHYSICIAN PRIOR
422-TO PSYCHOPHARMACOLOGICAL TREATMENT
423-. THE PSYCHOLOGIST MUST
424-RECEIVE THE RESULTS OF THE LICENSED PHYSICIAN
425-'S ASSESSMENT AND
426-SHALL CONTACT THE LICENSED PHYSICIAN WHO CONDUCTED THE
427-ASSESSMENT PRIOR TO PRESCRIBING A PSYCHOTROPIC MEDICATION TO THE
428-PATIENT
429-.
432+19
433+MEDICATION TO A PATIENT , A PRESCRIBING PSYCHOLOGIST SHALL20
434+COMMUNICATE TO THE PATIENT 'S PRIMARY TREATING PHYSICIAN THE21
435+INTENT TO PRESCRIBE OR ADMINISTER THE MEDICATION AND MUST22
436+RECEIVE ELECTRONIC WRITTEN AGREEMENT FROM THE PHYSICIAN THAT23
437+THE PRESCRIPTION FOR OR ADMINISTERING OF THE MEDICATION IS24
438+APPROPRIATE.25
439+(IV) I
440+F A PATIENT
441+ DOES NOT HAVE A PRIMARY TREATING26
442+HEALTH-CARE PROVIDER WHO IS A LICENSED PHYSICIAN, THE PRESCRIBING27
443+1071
444+-12- PSYCHOLOGIST SHALL REFER THE PATIENT TO A LICENSED PHYSICIAN1
445+PRIOR TO PSYCHOPHARMACOLOGICAL TREATMENT . THE PSYCHOLOGIST2
446+MUST RECEIVE THE RESULTS OF THE LICENSED PHYSICIAN 'S ASSESSMENT3
447+AND SHALL CONTACT THE LICENSED PHYSICIAN WHO CONDUCTED THE4
448+ASSESSMENT PRIOR TO PRESCRIBING A PSYCHOTROPIC MEDICATION TO THE5
449+PATIENT.6
430450 (V) O
431-NCE A COLLABORATIVE RELATIONSHIP IS ESTABLISHED WITH
432-THE PRIMARY TREATING PHYSICIAN TO WHOM THE PSYCHOLOGIST REFERS
433-THE PATIENT PURSUANT TO SUBSECTION
434- (5)(c)(IV) OF THIS SECTION, THE
435-PRESCRIBING PSYCHOLOGIST SHALL MAINTAIN AND DOCUMENT THE
436-COLLABORATIVE RELATIONSHIP TO ENSURE THAT RELEVANT INFORMATION
437-IS EXCHANGED ACCURATELY AND IN A TIMELY MANNER
438-. THE ONGOING
439-COLLABORATIVE RELATIONSHIP MUST BE MAINTAINED ACCORDING TO THE
440-FOLLOWING
441-:
451+NCE A COLLABORATIVE RELATIONSHIP IS ESTABLISHED WITH7
452+
453+ THE PRIMARY TREATING PHYSICIAN TO WHOM THE PSYCHOLOGIST8
454+REFERS THE PATIENT PURSUANT TO SUBSECTION (5)(c)(IV) OF THIS9
455+SECTION, THE PRESCRIBING PSYCHOLOGIST SHALL MAINTAIN AND10
456+DOCUMENT THE COLLABORATIVE RELATIONSHIP TO ENSURE THAT11
457+RELEVANT INFORMATION IS EXC HANGED ACCURATELY AND IN A TIMELY12
458+MANNER. THE ONGOING COLLABORATIVE RELATIONSHIP MUST BE13
459+MAINTAINED ACCORDING TO THE FOLLOWING :14
442460 (A) A
443- PRESCRIBING PSYCHOLOGIST SHALL NOTIFY THE PRIMARY
444-TREATING PHYSICIAN TO WHOM THE PSYCHOLOGIST REFERS THE CLIENT
445-PURSUANT TO SUBSECTION
446- (5)(c)(IV) OF THIS SECTION IF THE PATIENT
447-EXPERIENCES ADVERSE EFFECTS FROM MEDICATIONS PRESCRIBED BY THE
448-PSYCHOLOGIST THAT MAY BE RELATED TO THE PATIENT
449-'S MEDICAL
450-CONDITION FOR WHICH THE PATIENT IS BEING TREATED BY THE PRIMARY
451-TREATING PHYSICIAN
452-;
461+ PRESCRIBING PSYCHOLOGIST
462+ SHALL NOTIFY THE 15
463+PRIMARY TREATING PHYSICIAN TO WHOM THE PSYCHOLOGIST REFERS THE16
464+CLIENT PURSUANT TO SUBSECTION (5)(c)(IV) OF THIS SECTION IF THE17
465+PATIENT EXPERIENCES ADVERSE EFFECTS FROM MEDICATIONS PRESCRIBED18
466+BY THE PSYCHOLOGIST THAT MAY BE RELATED TO THE PATIENT 'S MEDICAL19
467+CONDITION FOR WHICH THE PATIENT IS BEING TREATED BY THE PRIMARY20
468+TREATING PHYSICIAN;21
453469 (B) A
454- PRESCRIBING PSYCHOLOGIST SHALL NOTIFY THE PRIMARY
455-TREATING PHYSICIAN TO WHOM THE PSYCHOLOGIST REFERS THE PATIENT
456-PURSUANT TO SUBSECTION
457- (5)(c)(IV) OF THIS SECTION REGARDING RESULTS
458-OF LABORATORY TESTS RELATED TO THE MEDICAL CARE OF THE PATIENT
459-THAT HAVE BEEN ORDERED BY THE PSYCHOLOGIST IN CONJUNCTION WITH
460-PSYCHOPHARMACOLOGICAL TREATMENT
461-; AND
462-(C) A PRESCRIBING PSYCHOLOGIST SHALL NOTIFY A PRIMARY
463-TREATING PHYSICIAN TO WHOM THE PSYCHOLOGIST REFERS THE PATIENT
464-PURSUANT TO SUBSECTION
465- (5)(c)(IV) OF THIS SECTION AS SOON AS POSSIBLE
466-OF ANY CHANGE IN THE PATIENT
467-'S PSYCHOLOGICAL CONDITION THAT MAY
468-AFFECT THE MEDICAL TREATMENT BEING PROVIDED BY THE PHYSICIAN
469-.
470+ PRESCRIBING PSYCHOLOGIST
471+ SHALL NOTIFY THE PRIMARY22
472+TREATING PHYSICIAN TO WHOM THE PSYCHOLOGIST REFERS THE PATIENT23
473+PURSUANT TO SUBSECTION (5)(c)(IV) OF THIS SECTION REGARDING24
474+RESULTS OF LABORATORY TESTS RELATED TO THE MEDICAL CARE OF THE25
475+PATIENT THAT HAVE BEEN ORDERED BY THE PSYCHOLOGIST IN26
476+CONJUNCTION WITH PSYCHOPHARMACOLOGICAL TREATMENT ; AND27
477+1071
478+-13- (C) A PRESCRIBING PSYCHOLOGIST SHALL NOTIFY A 1
479+PRIMARY TREATING PHYSICIAN TO WHOM THE PSYCHOLOGIST REFERS THE2
480+PATIENT PURSUANT TO SUBSECTION (6)(c)(IV) OF THIS SECTION AS SOON3
481+AS POSSIBLE OF ANY CHANGE IN THE PATIENT 'S PSYCHOLOGICAL4
482+CONDITION THAT MAY AFFECT THE MEDICAL TREATMENT BEING PROVIDED5
483+BY THE PHYSICIAN.6
470484 (d) I
471-N ACCORDANCE WITH SECTION 12-245-203, A PRESCRIBING
472-PAGE 10-HOUSE BILL 23-1071 PSYCHOLOGIST SHALL NOT PRESCRIBE MEDICATION TO A PATIENT UNLESS IT
473-IS WITHIN THE PRESCRIBING PSYCHOLOGIST
474-'S SCOPE OF TRAINING ,
475-EXPERIENCE, AND COMPETENCE.
476-(6) Complaints. T
477-HE COLORADO MEDICAL BOARD SHALL REVIEW
478-COMPLAINTS IN THE NORMAL COURSE OF BUSINESS AND MAKE
479-RECOMMENDATIONS TO THE BOARD REGARDING VIOLATIONS OF THIS
480-SECTION AND DISCIPLINARY ACTION TO BE TAKEN BY THE BOARD
481-, IF
482-APPLICABLE
483-.
484-(7) Prescription information. T
485-HE ENTITY THAT DISPENSES A
486-PRESCRIPTION FOR A PSYCHOTROPIC MEDICATION WRITTEN BY A
487-PRESCRIBING PSYCHOLOGIST SHALL COMPLY WITH APPLICABLE STATE AND
488-FEDERAL LAWS
489-.
490-(8) Disclosure. A
491- PRESCRIBING PSYCHOLOGIST SHALL DISCLOSE TO
492-EACH PATIENT TO WHOM THE PSYCHOLOGIST PRESCRIBES A PSYCHOTROPIC
493-MEDICATION THAT THE PSYCHOLOGIST IS NOT A PHYSICIAN LICENSED TO
494-PRACTICE MEDICINE
495-, AND WILL BE SHARING INFORMATION REGARDING THE
496-DELIVERY OF PRESCRIBING SERVICES TO THE PATIENT
497-'S PRIMARY TREATING
498-HEALTH
499--CARE PROVIDER AS REQUIRED BY LAW . THE DISCLOSURE MUST BE
500-IN WRITING
501-, SIGNED BY THE PATIENT, AND KEPT IN THE PATIENT'S RECORD ON
502-FILE WITH THE PSYCHOLOGIST
503-.
504-(9) A
505- PRESCRIBING PSYCHOLOGIST SHALL NOT PRESCRIBE ANY DRUG
506-TO A PERSON UNDER EIGHTEEN YEARS OF AGE WITHOUT INFORMED CONSENT
507-FROM THE PARENT OR GUARDIAN OF SUCH PERSON
508-.
485+N ACCORDANCE WITH SECTION 12-245-203, A PRESCRIBING7
486+PSYCHOLOGIST
487+ SHALL NOT PRESCRIBE MEDICATION TO A PATIENT8
488+UNLESS IT IS WITHIN THE PRESCRIBING PSYCHOLOGIST 'S SCOPE OF9
489+TRAINING, EXPERIENCE, AND COMPETENCE.10
490+ 11
491+(6) Complaints. THE COLORADO MEDICAL BOARD SHALL REVIEW12
492+COMPLAINTS IN THE NORMAL COURSE OF BUSINESS AND MAKE13
493+RECOMMENDATIONS TO THE BOARD REGARDING VIOLATIONS OF THIS14
494+SECTION AND DISCIPLINARY ACTION TO BE TAKEN BY THE BOARD , IF15
495+APPLICABLE.16
496+(7) Prescription information. T HE ENTITY THAT DISPENSES A17
497+PRESCRIPTION FOR A PSYCHOTROPIC MEDICATION WRITTEN BY A18
498+PRESCRIBING PSYCHOLOGIST SHALL COMPLY WITH APPLICABLE STATE AND19
499+FEDERAL LAWS.20
500+(8) Disclosure. A PRESCRIBING PSYCHOLOGIST SHALL DISCLOSE TO21
501+EACH PATIENT TO WHOM THE PSYCHOLOGIST PRESCRIBES A PSYCHOTROPIC22
502+MEDICATION THAT THE PSYCHOLOGIST IS NOT A PHYSICIAN LICENSED TO23
503+PRACTICE MEDICINE, AND WILL BE SHARING INFORMATION REGARDING THE24
504+DELIVERY OF PRESCRIBING SERVICES TO THE PATIENT'S PRIMARY TREATING25
505+HEALTH-CARE PROVIDER AS REQUIRED BY LAW. THE DISCLOSURE MUST BE26
506+IN WRITING, SIGNED BY THE PATIENT, AND KEPT IN THE PATIENT'S RECORD27
507+1071
508+-14- ON FILE WITH THE PSYCHOLOGIST.1
509+(9) A PRESCRIBING PSYCHOLOGIST SHALL NOT PRESCRIBE ANY2
510+DRUG TO A PERSON UNDER EIGHTEEN YEARS OF AGE WITHOUT INFORMED3
511+CONSENT FROM THE PARENT OR GUARDIAN OF SUCH PERSON .4
509512 (10) Drug enforcement administration number. E
510-ACH
511-PRESCRIBING PSYCHOLOGIST SHALL FILE WITH THE BOARD
512-, IN THE FORM AND
513-MANNER DETERMINED BY THE BOARD
514-, ALL INDIVIDUAL FEDERAL DRUG
515-ENFORCEMENT ADMINISTRATION REGISTRATIONS AND NUMBERS
516-. THE BOARD
517-AND THE
518-COLORADO MEDICAL BOARD SHALL MAINTAIN CURRENT RECORDS
519-OF EVERY PSYCHOLOGIST WITH PRESCRIPTIVE AUTHORITY
520-, INCLUDING THE
521-PSYCHOLOGIST
522-'S REGISTRATIONS AND NUMBERS .
513+ACH5
514+PRESCRIBING PSYCHOLOGIST
515+ SHALL FILE WITH THE BOARD, IN THE FORM6
516+AND MANNER DETERMINED BY THE BOARD , ALL INDIVIDUAL FEDERAL7
517+DRUG ENFORCEMENT ADMINISTRATION REGISTRATIONS AND NUMBERS .8
518+T
519+HE BOARD AND THE COLORADO MEDICAL BOARD SHALL MAINTAIN9
520+CURRENT RECORDS OF EVERY PSYCHOLOGIST WITH PRESCRIPTIVE10
521+AUTHORITY, INCLUDING THE PSYCHOLOGIST 'S REGISTRATIONS AND11
522+NUMBERS.12
523523 (11) (a) T
524-HE DEPARTMENT SHALL ANNUALLY COLLECT INFORMATION
525-REGARDING
526-:
527-(I) T
528-HE NUMBER OF PRESCRIBING PSYCHOLOGISTS IN THIS STATE ;
529-PAGE 11-HOUSE BILL 23-1071 (II) THE LOCATION OF PRACTICE OF EACH PRESCRIBING
530-PSYCHOLOGIST
531-;
524+HE DEPARTMENT SHALL ANNUALLY COLLECT13
525+INFORMATION REGARDING :14
526+(I) THE NUMBER OF PRESCRIBING PSYCHOLOGISTS IN THIS STATE;15
527+(II) T
528+HE LOCATION OF PRACTICE OF EACH PRESCRIBING16 PSYCHOLOGIST;17
532529 (III) T
533-HE NUMBER OF PRESCRIBING PSYCHOLOGISTS WHO ACCEPT
534-CLIENTS WITH PRIVATE HEALTH INSURANCE OR WHO ARE ENROLLED IN THE
535-MEDICAL ASSISTANCE PROGRAM ESTABLISHED PURSUANT TO PARTS
536-4 TO 6
537-OF TITLE 25.5;
530+HE NUMBER OF PRESCRIBING PSYCHOLOGISTS
531+ WHO18
532+ACCEPT CLIENTS WITH PRIVATE HEALTH INSURANCE OR WHO ARE19
533+ENROLLED IN THE MEDICAL ASSISTANCE PROGRAM ESTABLISHED20
534+PURSUANT TO PARTS 4 TO 6 OF TITLE 25.5;21
538535 (IV) T
539-HE TYPE OF PRACTICE OF EACH PRESCRIBING PSYCHOLOGIST ;
540-AND
541-(V) THE POPULATIONS SERVED BY EACH PRESCRIBING
542-PSYCHOLOGIST
543-.
536+HE TYPE OF PRACTICE OF EACH PRESCRIBING
537+PSYCHOLOGIST;22
538+AND 23
539+(V) T
540+HE POPULATIONS SERVED BY EACH PRESCRIBING24PSYCHOLOGIST.25
544541 (b) T
545-HE DEPARTMENT SHALL COMPILE THE INFORMATION AND SHARE
546-IT WITH THE OFFICE IN THE DEPARTMENT THAT IS RESPONSIBLE FOR
547-CONDUCTING SUNSET REVIEWS PURSUANT TO SECTION
548-24-34-104. THE
549-OFFICE SHALL INCLUDE THE INFORMATION IN EACH SCHEDULED SUNSET
550-REVIEW CONCERNING THE REGULATION OF MENTAL HEALTH PROFESSIONALS
551-PURSUANT TO SECTION
552-24-34-104.
553-SECTION 6. Act subject to petition - effective date. This act
554-takes effect at 12:01 a.m. on the day following the expiration of the
555-ninety-day period after final adjournment of the general assembly; except
556-that, if a referendum petition is filed pursuant to section 1 (3) of article V
557-of the state constitution against this act or an item, section, or part of this act
558-within such period, then the act, item, section, or part will not take effect
559-unless approved by the people at the general election to be held in
560-PAGE 12-HOUSE BILL 23-1071 November 2024 and, in such case, will take effect on the date of the official
561-declaration of the vote thereon by the governor.
562-____________________________ ____________________________
563-Julie McCluskie Steve Fenberg
564-SPEAKER OF THE HOUSE PRESIDENT OF
565-OF REPRESENTATIVES THE SENATE
566-____________________________ ____________________________
567-Robin Jones Cindi L. Markwell
568-CHIEF CLERK OF THE HOUSE SECRETARY OF
569-OF REPRESENTATIVES THE SENATE
570- APPROVED________________________________________
571- (Date and Time)
572- _________________________________________
573- Jared S. Polis
574- GOVERNOR OF THE STATE OF COLORADO
575-PAGE 13-HOUSE BILL 23-1071
542+HE DEPARTMENT SHALL COMPILE THE INFORMATION AND26
543+SHARE IT WITH THE OFFICE IN THE DEPARTMENT THAT IS RESPONSIBLE FOR27
544+1071
545+-15- CONDUCTING SUNSET REVIEWS PURSUANT TO SECTION 24-34-104. THE1
546+OFFICE SHALL INCLUDE THE INFORMATION IN EACH SCHEDULED SUNSET2
547+REVIEW CONCERNING THE REGULATION OF MENTAL HEALTH3
548+PROFESSIONALS PURSUANT TO SECTION 24-34-104.4
549+SECTION 6. Act subject to petition - effective date. This act5
550+takes effect at 12:01 a.m. on the day following the expiration of the6
551+ninety-day period after final adjournment of the general assembly; except7
552+that, if a referendum petition is filed pursuant to section 1 (3) of article V8
553+of the state constitution against this act or an item, section, or part of this9
554+act within such period, then the act, item, section, or part will not take10
555+effect unless approved by the people at the general election to be held in11
556+November 2024 and, in such case, will take effect on the date of the12
557+official declaration of the vote thereon by the governor.13
558+1071
559+-16-