Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0996 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	SENATE BILL 911
3	3	By Haile
4	4
5	5	HOUSE BILL 996
6	6	By Martin B
7	7
8	8
9	9	HB0996
10	10	002461
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13	13	AN ACT to amend Tennessee Code Annotated, Title 39;
14	14	Title 53; Title 63 and Title 68, relative to
15	15	psychologists.
16	16
17	17	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	18	SECTION 1. Tennessee Code Annotated, Title 63, Chapter 11, Part 2, is amended by
19	19	adding the following as a new section:
20	20	63-11-227.
21	21	(a) As used in this section:
22	22	(1) "Advanced certificate to prescribe as a prescribing psychologist"
23	23	means a certificate granted to a prescribing psychologist by the board following
24	24	the completion of the requirements of this section that permits the prescribing
25	25	psychologist to exercise independent prescriptive authority as described in this
26	26	section and the rules promulgated by the board;
27	27	(2) "Board" means the board of examiners in psychology;
28	28	(3) "Controlled substance" means any drug substance or immediate
29	29	precursor enumerated in schedules I-VI of the federal Controlled Substance Act
30	30	(21 U.S.C. § 801 et seq.) and as adopted by the Tennessee Food, Drug and
31	31	Cosmetic Act, compiled in title 53, chapter 1;
32	32	(4) "Drug" has the same meaning as defined in § 53-1-102;
33	33	(5) "Initial certificate to prescribe" means a document, issued by the
34	34	board to a psychologist who is licensed as a health service provider in this state,
35	35	to prescribe psychotropic medication under supervision by a physician pursuant
36	36	to this chapter;
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41	41	(6) "Narcotic drug" has the same meaning as defined in § 39-17-402;
42	42	(7) "Opiate" has the same meaning as defined in § 39-17-402;
43	43	(8) "Prescribe" means the act of ordering a prescription, whether verbally
44	44	or in writing;
45	45	(9) "Prescribing psychologist":
46	46	(A) Means a licensed, doctoral-level psychologist who has:
47	47	(i) Fulfilled the additional requirements for a certificate to
48	48	prescribe medication set forth by the board pursuant to this
49	49	section; and
50	50	(ii) Received a certificate to prescribe from the board,
51	51	which has not been revoked or suspended; and
52	52	(B) Includes the alternative title of "medical psychologist" that is
53	53	used by the United States drug enforcement agency and the national
54	54	provider identifier registry;
55	55	(10) "Prescription" means an order for a drug, laboratory test, device, or
56	56	treatment, or the decision to continue, change the dosage of, or discontinue an
57	57	order for a drug, device, or treatment, regardless of the origin of the order; and
58	58	(11) "Prescriptive authority" means the authority to engage in the
59	59	evaluation and management of a patient and to generate prescriptions;
60	60	administer, discontinue, or distribute, without charge, any drug, laboratory test, or
61	61	medicine, device, or treatment, including a controlled substance, rational to the
62	62	practice of psychology and recognized or customarily used in the diagnosis,
63	63	treatment, and management of individuals with psychiatric, mental, cognitive,
64	64	nervous, emotional, or behavioral disorders; or other procedures directly related
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69	69	to such treatment and within the scope of practice of psychology, in accordance
70	70	with rules adopted by the board.
71	71	(b)
72	72	(1) The board shall certify doctoral-level psychologists to exercise
73	73	prescriptive authority in accordance with applicable state and federal law.
74	74	(2) The board shall develop and implement rules for reviewing education
75	75	and training credentials for the certification process, in accordance with current
76	76	standards of professional psychological practice.
77	77	(c)
78	78	(1) A psychologist who applies for prescriptive authority must
79	79	demonstrate the following by official transcript or other official evidence
80	80	satisfactory to the board:
81	81	(A) The psychologist must hold a current license at the doctoral
82	82	level to provide healthcare services as a psychologist in this state;
83	83	(B) The psychologist must have completed an educational
84	84	program leading to a post-doctoral master's degree in clinical
85	85	psychopharmacology from a regionally accredited college or university, or
86	86	its equivalent as determined by the board, which offers intensive didactic
87	87	education, and includes the following core areas of instruction:
88	88	(i) Basic life sciences;
89	89	(ii) Neurosciences;
90	90	(iii) Clinical and research pharmacology and
91	91	psychopharmacology;
92	92	(iv) Physiology and pathophysiology;
93	93	(v) Physical assessment and laboratory exams;
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98	98	(vi) Clinical pharmacotherapeutics;
99	99	(vii) Research; and
100	100	(viii) Professional, ethical, and legal issues;
101	101	(C) The psychologist must pass a prescribing examination
102	102	developed by a nationally recognized body and approved by the board;
103	103	and
104	104	(D) The psychologist must have successfully completed a
105	105	fellowship of at least one (1) year in length, completing
106	106	psychopharmacological evaluations of a minimum of one hundred (100)
107	107	patients under the supervision of a physician or prescribing psychologist.
108	108	(2) The didactic portion of the educational program described in
109	109	subdivision (c)(1)(B) must consist of at least four hundred fifty (450) patient
110	110	contact hours.
111	111	(3) Upon completion of the requirements set out in subdivision (c)(1) to
112	112	the satisfaction of the board, a psychologist may make application to the board
113	113	for an advanced certificate to prescribe as a prescribing psychologist in such
114	114	manner as the board may require.
115	115	(4) An applicant who has a current license as a prescribing psychologist
116	116	or medical psychologist in another state or territory of the United States that
117	117	meets the requirements of this section for an advanced certificate, as determined
118	118	by the board, may make application to the board for an advanced certificate to
119	119	prescribe as long as the applicant currently holds or obtains a license at the
120	120	doctoral level to provide healthcare services as a psychologist in this state.
121	121	(d)
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126	126	(1) The board shall prescribe by rule a method for the renewal of an
127	127	advanced certificate to prescribe as a prescribing psychologist that coincides with
128	128	the time of or is in conjunction with the renewal of licenses.
129	129	(2) A prescribing psychologist shall fulfill such continuing education
130	130	requirements for psychologists as required by the board by rule. In addition,
131	131	each applicant for renewal of prescriptive authority shall present satisfactory
132	132	evidence to the board demonstrating the completion of an additional twenty (20)
133	133	contact hours of continuing education instruction relevant to prescriptive authority
134	134	during the previous two-year licensure renewal period.
135	135	(e)
136	136	(1) A prescribing psychologist shall only:
137	137	(A) Exercise prescriptive authority and generate prescriptions in
138	138	accordance with this section; and
139	139	(B) Prescribe drugs utilized for the treatment of behavioral health
140	140	or mental, nervous, substance abuse, emotional, or cognitive diseases or
141	141	disorders.
142	142	(2) A psychologist shall not issue a prescription unless the psychologist
143	143	holds a valid advanced certificate to prescribe as a prescribing psychologist or an
144	144	initial certificate to prescribe.
145	145	(3) Each prescription issued by a prescribing psychologist must:
146	146	(A) Comply with all applicable state and federal laws and rules;
147	147	and
148	148	(B) Be identified as written by the prescribing psychologist in such
149	149	manner as determined by the board by rule.
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154	154	(4) A prescribing psychologist shall maintain a record of each
155	155	prescription written to a patient in the patient's record.
156	156	(5) A prescribing psychologist shall not:
157	157	(A) Administer electroconvulsive therapy;
158	158	(B) Prescribe a narcotic drug or an opiate; or
159	159	(C) Prescribe medications for patients who are not concurrently
160	160	under the care of a treating physician or other primary care provider.
161	161	(f)
162	162	(1) A prescribing psychologist licensed by the board is eligible for a
163	163	controlled and dangerous substances certificate issued by this state and the
164	164	United States drug enforcement agency.
165	165	(2) The board shall maintain current records of every psychologist
166	166	authorized to prescribe, including DEA registration and number.
167	167	(g)
168	168	(1) The board shall transmit to the board of pharmacy a list of prescribing
169	169	psychologists that contains the following information:
170	170	(A) The name of the prescribing psychologist;
171	171	(B) The prescribing psychologist's identification number assigned
172	172	by the board of examiners in psychology; and
173	173	(C) The effective date of prescriptive authority.
174	174	(2) The board shall promptly forward to the board of pharmacy additions
175	175	to the list required by subdivision (g)(1) as new certificates are issued.
176	176	(3) The board shall notify the board of pharmacy in a timely manner upon
177	177	the termination, suspension, or reinstatement of a prescribing psychologist's
178	178	prescriptive authority.
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183	183	(h) Notwithstanding another law or rule to the contrary, it is considered to be
184	184	within the scope of practice for a registered nurse, licensed practical nurse,
185	185	polysomnographer, or other non-prescribing healthcare professional licensed under this
186	186	title to execute and effectuate a verbal or written order or direction otherwise within the
187	187	scope of practice of such healthcare provider when that order is within the scope of
188	188	practice of psychology and given to the healthcare provider by a psychologist or
189	189	prescribing psychologist.
190	190	(i) The board shall promulgate rules in accordance with the Uniform
191	191	Administrative Procedures Act, compiled in title 4, chapter 5, for denying, modifying,
192	192	suspending, or revoking the prescriptive authority of a prescribing psychologist. The
193	193	board may require remediation of any deficiencies in the training or practice pattern of a
194	194	prescribing psychologist when, in the judgment of the board, such deficiencies could
195	195	reasonably be expected to jeopardize the health, safety, or welfare of the public.
196	196	SECTION 2. Tennessee Code Annotated, Section 39-17-402(23)(A), is amended by
197	197	deleting the language "optometrist, veterinarian" and substituting "optometrist, prescribing
198	198	psychologist, veterinarian".
199	199	SECTION 3. Tennessee Code Annotated, Section 53-10-105, is amended by deleting
200	200	the language "or veterinarian" wherever it appears in subsection (a) and subdivision (b)(2) and
201	201	substituting "prescribing psychologist authorized pursuant to § 63-11-227, or veterinarian".
202	202	SECTION 4. Tennessee Code Annotated, Section 63-7-103(a)(2)(D), is amended by
203	203	deleting the language "podiatrist, or nurse" and substituting "podiatrist, prescribing psychologist
204	204	authorized pursuant to § 63-11-227, or nurse".
205	205	SECTION 5. Tennessee Code Annotated, Section 63-10-204(42), is amended by
206	206	deleting the language "or other allied medical practitioner" wherever it appears in subdivisions
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211	211	(A)(i) and (B) and substituting "prescribing psychologist authorized pursuant to § 63-11-227, or
212	212	other allied medical practitioner".
213	213	SECTION 6. Tennessee Code Annotated, Section 63-11-204(a), is amended by
214	214	deleting the language "Nothing in" and substituting "Except as otherwise provided in § 63-11-
215	215	227, nothing in".
216	216	SECTION 7. Tennessee Code Annotated, Section 63-11-218(a), is amended by
217	217	deleting the language "for the ensuing year" and substituting "for the ensuing year, as well as
218	218	any initial application fees and other costs specifically associated with the renewal of
219	219	certification requirements as a prescribing psychologist".
220	220	SECTION 8. Tennessee Code Annotated, Section 63-31-101, is amended by deleting
221	221	the language "licensed physician" wherever it appears in subdivisions (6), (7), (9)(A), (9)(A)(iii),
222	222	and (9)(A)(iv) and substituting "licensed physician or a prescribing psychologist who is a
223	223	diplomate of the American board of sleep medicine".
224	224	SECTION 9. Tennessee Code Annotated, Section 68-29-121, is amended by deleting
225	225	the language "chiropractic physician" wherever it appears in subsections (a) and (b) and
226	226	substituting "chiropractic physician, prescribing psychologist".
227	227	SECTION 10. For the purpose of promulgating rules, this act takes effect upon
228	228	becoming a law, the public welfare requiring it. For all other purposes, this act takes effect July
229	229	1, 2025, the public welfare requiring it.