SB 53
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AN ACT
RELATING TO PROFESSIONAL PSYCHOLOGISTS; AMENDING THE
PROFESSIONAL PSYCHOLOGIST ACT; ADDING CERTAIN PRESCRIBING
PSYCHOLOGISTS WITH INDEPENDENT EXPERIENCE IN PRESCRIBING
PSYCHOTROPIC MEDICATION TO THE DEFINITION OF "INDEPENDENTLY
LICENSED PRESCRIBING CLINICIAN".
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 61-9-3 NMSA 1978 (being Laws 1963,
Chapter 92, Section 3, as amended) is amended to read:
"61-9-3. DEFINITIONS.--As used in the Professional
Psychologist Act:
A. "board" means the New Mexico state board of
psychologist examiners;
B. "conditional prescription certificate" means a
document issued by the board to a licensed psychologist that
permits the holder to prescribe psychotropic medication under
the supervision of a supervising clinician pursuant to the
Professional Psychologist Act;
C. "independently licensed prescribing clinician"
means a licensed physician, osteopathic physician,
prescribing psychologist who has at least four years of
independent experience in prescribing psychotropic medication
to treat behavioral and emotional conditions and mental
illness, nurse practitioner, psychiatric nurse practitioner SB 53
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or clinical nurse specialist;
D. "person" includes an individual, firm,
partnership, association or corporation;
E. "prescribing psychologist" means a licensed
psychologist who holds a valid prescription certificate;
F. "prescription certificate" means a document
issued by the board to a licensed psychologist that permits
the holder to prescribe psychotropic medication pursuant to
the Professional Psychologist Act;
G. "psychotropic medication" means a controlled
substance or dangerous drug that may not be dispensed or
administered without a prescription but is limited to only
those agents related to the diagnosis and treatment or
management of mental, nervous, emotional, behavioral,
substance use or cognitive disorders, including the
management of or protection from side effects that are a
direct result from the use of those agents, whose use is
consistent with the standards of practice for clinical
psychopharmacology;
H. "psychologist" means a person who engages in
the practice of psychology or holds the person's self out to
the public by any title or description of services
representing the person as a psychologist, which incorporates
the words "psychological", "psychologist", "psychology", or
when a person describes the person's self as above and, under SB 53
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such title or description, offers to render or renders
services involving the application of principles, methods and
procedures of the science and profession of psychology to
persons for compensation or other personal gain;
I. "practice of psychology" means the observation,
description, evaluation, interpretation and modification of
human behavior by the application of psychological
principles, methods and procedures for the purpose of
preventing or eliminating symptomatic, maladaptive or
undesired behavior and of enhancing interpersonal
relationships, work and life adjustment, personal
effectiveness, behavioral health and mental health, and
further means the rendering of such psychological services to
individuals, families or groups regardless of whether payment
is received for services rendered. The practice of
psychology includes psychological testing or
neuropsychological testing and the evaluation or assessment
of personal characteristics such as intelligence,
personality, abilities, interests, aptitudes and
neuropsychological functioning; counseling, psychoanalysis,
psychotherapy, hypnosis, biofeedback, behavior analysis and
therapy; diagnosis and treatment of a mental and emotional
disorder or disability, alcoholism and substance abuse,
disorders of habit or conduct and the psychological aspects
of physical illness, accident, injury and disability; and SB 53
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psychoeducational evaluation, therapy, remediation and
consultation;
J. "school" or "college" means a university or
other institution of higher education that is regionally
accredited and that offers a full-time graduate course of
study in psychology as defined by rule of the board or that
is approved by the American psychological association; and
K. "supervising clinician" means a licensed
physician, osteopathic physician, prescribing psychologist who
has at least four years of independent experience prescribing
psychotropic medication to treat behavioral and emotional
conditions and mental illness, nurse practitioner, psychiatric
nurse practitioner or clinical nurse specialist who is
supervising a psychologist in the prescribing of psychotropic
medication."