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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 403 By: Pemberton
AS INTRODUCED
An Act relating to the practice of psychol ogy;
defining terms; allowing licensed psychologist to
prescribe psychotropic drugs under ce rtain
conditions; providing for application for conditional
prescription certificate; stat ing application
criteria; providing for issuance of, expiration of,
and reapplication for certificate; listing conditions
under which licensed psychologist may prescr ibe
psychotropic drugs under conditional prescription
certificate; providing cer tain immunity; providing
for application for prescription certificate; stat ing
application criteria; listing conditions un der which
licensed psychologist may prescribe psychotr opic
drugs under prescription certificate; directing
promulgation of rules; providing for codification;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :
SECTION 1. NEW LAW A new sec tion of law to be codified
in the Oklahoma Statutes as Section 1371.1 of Title 59, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. “Board” means, unless otherwise explicitly stated, the State
Board of Examiners of Psychologists;
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2. “Conditional prescription ce rtificate” means a document
issued by the State Board of Examiners of Psychologists to a
licensed psychologist th at permits the holder to prescribe
psychotropic medication under the supervision of a super vising
physician pursuant to this act;
3. “Prescription certificate ” means a document issued by the
State Board of Examiners of Psychologists to a licensed psycholo gist
that permits the holder to presc ribe psychotropic medication
pursuant to this act;
4. “Psychologist” has the same meaning as provided in Section
1352 of Title 59 of the Oklahoma S tatutes;
5. “Psychotropic medication ” means a controlled substance or
drug that may not be dispensed or adm inistered without a
prescription and whose primary use has been approved by the federal
Food and Drug Administration for the treatment of mental disorders
or is listed as a psychotherapeutic agent in Drug Facts and
Comparisons 2017, or the most recent edit ion of that book, or in
American Hospital Formulary Se rvice Drug Information, and includes
antidepressants, anti -anxiety, stimulants, antipsychotics, and mood
stabilizers; and
6. “Supervising physician ” means a licensed allopathic
physician or osteopathic physician who is supervising a psychologist
in the prescribing of psychotropic medication under this act.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Secti on 1371.2 of Title 59, unless there
is created a duplication in numbering, reads as follows :
A. A licensed psychologist holding a conditional prescription
certificate may prescribe psychotropi c medication under the
supervision of a supervising physician pursuant to this act.
B. A licensed psychologist holding a prescription certificate
may prescribe psychotropic medication independent of the supervision
of a supervising physician pursuant to this act.
SECTION 3. NEW LAW A new secti on of law to be codified
in the Oklahoma Statutes as Section 1371.3 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. A psychologist may apply to the State Board of Examiners of
Psychologists for a conditional prescript ion certificate. The
application shall be made on a form approved by the Board and be
accompanied by evidence satisfactory to the Board that the
applicant:
1. Has completed a doctoral program in psychology from an
accredited institution of higher educati on or professional school,
or, if the program was not accredited at the time of the applicant’s
graduation, that the program meets professional standards determined
acceptable by the Board;
2. Holds a current license to practice psychology in this
state;
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3. Has successfully completed a post doctoral master of science
degree in psychopharmacolog y from an institution of higher education
approved by the State Board of Examiners of Psychologists , the State
Board of Medical Licensure and Supervision, and the S tate Board of
Osteopathic Examiners;
4. Has passed a national certification examination app roved by
the State Board of Examiners of Psychologists , the State Board of
Medical Licensure and Supervision, and the S tate Board of
Osteopathic Examiners that tests the applicant’s knowledge of
pharmacology in the diagnosis, care , and treatment of mental
disorders;
5. Within the five (5) years immediately preceding the date of
application, has successfully completed an organized program of
education approved by the State Board of Examiners of Psychologi sts,
the State Board of Medical Licensure and Supervi sion, and the State
Board of Osteopathic Examiners and consisting of didactic
instruction of no fewer than four hundred fifty (450) classroom
hours in at least the fo llowing core areas of instruction:
a. neuroscience,
b. pharmacology,
c. psychopharmacology,
d. physiology,
e. pathophysiology,
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f. appropriate and relevant physical and laboratory
assessment, and
g. clinical pharmacotherapeutics ;
6. Within the five (5) years immediately preceding the date of
application, has been certified by each of the applic ant’s
supervising physicians as having successfully completed a supervised
and relevant clinical experience, approved by the State Board of
Examiners of Psychologists , the State Board of Medical Licensure and
Supervision, and the S tate Board of Osteopathic Examiners of:
a. no less than an eighty -hour practicum in clinical
assessment and pathophysiology under the supervision
of a licensed allopathic or osteopathic physician, and
b. an additional supervised practicum of at least four
hundred (400) hours treating no fewer than one hundred
patients with mental disorders, the practic um to have
been supervised by any one or a c ombination of a
psychiatrist or other appropriate ly trained licensed
allopathic or osteopathic physician and determined by
the State Board of Examiners of Psychologis ts, the
State Board of Medical Licensure and Supervision, and
the State Board of Osteopathic Examiners to be
sufficient to competently train the applicant in the
treatment of a diverse patient population. One-to-one
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supervision shall be provided either fa ce-to-face,
telephonically or by video conference .
B. The State Board of Examiners of Psychologists shall issue a
conditional prescription certificate if it finds that the appli cant
has met the requirements of subsection A of this section. The
certificate shall be valid for a period of two (2) years, at the end
of which the holder may again apply pursuant to the provisions of
subsection A of this section.
C. A psychologist with a conditional prescription certificate
may prescribe psychotropic medication under the supervision of a
supervising physician subject to the following conditions:
1. The psychologist shall continue to hold a current license to
practice psychology in this state and shall maintain malpractice
insurance in accordance with rules prescribed by the Board;
2. The psychologist shall notify the Board of the name of the
psychologist’s supervising physician; and
3. A supervising physician shall notify the supervis ing
physician’s own licensing board of the name of each psychologist
under the supervising physician’s supervision.
D. A supervising physician shall not be liable for the acts of
a psychologist under the supervising physician’s supervision unless
the injury or loss arises from those acts under the directi on and
control of the supervising physician.
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SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1371.4 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. A psychologist may apply to the State Board of Examiners of
Psychologists for a prescription certificate. The application shall
be made on a form approved by the Board and be accompanied by
evidence satisfactory to the Board that the applicant:
1. Has been issued a conditional pre scription certificat e and
has successfully completed two (2) years of prescribing psychotropic
medication as certified by the supervising physician;
2. Has successfully undergone a process of independent peer
review approved by th e State Board of Examiner s of Psychologists,
the State Board of Medical Licensure and Supervision, and the S tate
Board of Osteopathic Examiners ;
3. Holds a current license to pra ctice psychology in this
state;
4. Has malpractice insurance in place, suffi cient to satisfy
the rules adopted by the State Board of Examiners of Psychologists ,
that will cover the applicant as a prescribing psyc hologist; and
5. Meets all other requirements, as determined by rule s of the
State Board of Examiners of Psychologists , for obtaining a
prescription certificate.
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B. The State Board of Examiners of Psychologists shall issue a
prescription certificate if it finds that the applicant has met the
requirements of subsection A of this section.
C. A psychologist with a prescript ion certificate may presc ribe
psychotropic medication pursuant to the provisions of this act if
the psychologist:
1. Continues to hold a current license to practice psychology
in this state and continues to maintain malpractice insurance; and
2. Annually satisfies the continuing education requirements for
prescribing psychologists, as set by the Board, which shall be no
fewer than twenty (20) hours each year.
SECTION 5. NEW LAW A n ew section of law to be codified
in the Oklahoma Statutes as Section 1371.5 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. The State Board of Examiners of Psychologists shall
promulgate rules providing for the proced ures to be followed in
obtaining a conditional pres cription certificate, a p rescription
certificate, and renewals of a pr escription certificate. The Board
may set reasonable application and renewal fees.
B. The State Board of Examiners of Psychologists shall
promulgate rules establishing the grounds for denial, suspension, or
revocation of conditional prescription certificates and prescription
certificates authorized to be issued pursuant to this act, including
a provision for suspension or revocation of a license to practice
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psychology upon suspension or revocation of a certific ate. Actions
of denial, suspension , or revocation of a certificate shall be in
accordance with the Administrative Procedures Act .
SECTION 6. This act shall become effective November 1, 2023.
59-1-910 DC 1/16/2023 12:26:09 PM