Bill Text: IA SF2188 | 2015-2016 | 86th General Assembly | Enrolled
Bill Title: A bill for an act relating to prescription authority for certain psychologists and making penalties applicable. (Formerly SF 2075.)
Spectrum: Committee Bill
Status: (Enrolled - Dead) 2016-04-29 - Sent to Governor. S.J. 0. [SF2188 Detail]
Download: Iowa-2015-SF2188-Enrolled.html
Senate File 2188 - Enrolled
SENATE FILE
BY COMMITTEE ON HUMAN
RESOURCES
(SUCCESSOR TO SF 2075)
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A BILL FOR
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Senate File 2188
AN ACT
RELATING TO PRESCRIPTION AUTHORITY FOR CERTAIN PSYCHOLOGISTS
AND MAKING PENALTIES APPLICABLE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 123.3, subsection 35, Code 2016, is
amended to read as follows:
35. "Pharmacy" means a drug store in which drugs and
medicines are exposed for sale and sold at retail, or in which
prescriptions of licensed physicians and surgeons, dentists,
prescribing psychologists, or veterinarians are compounded and
sold by a registered pharmacist.
Sec. 2. Section 124.101, subsection 26, paragraph a, Code
2016, is amended to read as follows:
a. A physician, dentist, podiatric physician, prescribing
psychologist, veterinarian, scientific investigator or
other person licensed, registered, or otherwise permitted to
distribute, dispense, conduct research with respect to, or to
administer a controlled substance in the course of professional
practice or research in this state.
Sec. 3. Section 147.107, subsections 1 and 2, Code 2016, are
amended to read as follows:
1. A person, other than a pharmacist, physician,
dentist, podiatric physician, prescribing psychologist, or
veterinarian who dispenses as an incident to the practice of
the practitioner's profession, shall not dispense prescription
drugs or controlled substances.
2. a. A pharmacist, physician, dentist, or podiatric
physician, or prescribing psychologist who dispenses
prescription drugs, including but not limited to controlled
substances, for human use, may delegate nonjudgmental
dispensing functions to staff assistants only when verification
of the accuracy and completeness of the dispensing is
determined by the pharmacist or practitioner in the
pharmacist's or practitioner's physical presence. However, the
physical presence requirement does not apply when a pharmacist
or practitioner is utilizing an automated dispensing system or
when a pharmacist is utilizing a tech=check=tech program, as
defined in section 155A.3. When using an automated dispensing
system the pharmacist or practitioner shall utilize an
internal quality control assurance plan that ensures accuracy
for dispensing. When using a tech=check=tech program the
pharmacist shall utilize an internal quality control assurance
plan, in accordance with rules adopted by the board of
pharmacy, that ensures accuracy for dispensing. Verification
of automated dispensing and tech=check=tech accuracy and
completeness remains the responsibility of the pharmacist or
practitioner and shall be determined in accordance with rules
adopted by the board of pharmacy, the board of medicine, the
dental board, and the board of podiatry, and the board of
psychology for their respective licensees.
b. A dentist, physician, or podiatric physician, or
prescribing psychologist who dispenses prescription drugs,
other than drug samples, pursuant to this subsection, shall
report the fact that they dispense prescription drugs with the
practitioner's respective board at least biennially.
c. A physician, dentist, or podiatric physician, or
prescribing psychologist who dispenses prescription drugs,
other than drug samples, pursuant to this subsection, shall
offer to provide the patient with a written prescription that
may be dispensed from a pharmacy of the patient's choice or
offer to transmit the prescription orally, electronically, or
by facsimile in accordance with section 155A.27 to a pharmacy
of the patient's choice.
Sec. 4. NEW SECTION. 148.13A Board authority over
physicians supervising certain psychologists.
The board of medicine shall, in consultation with the board
of psychology, establish by rule all of the following:
1. Specific minimum standards for the appropriate
supervision of a psychologist prescribing medication pursuant
to a conditional prescription certificate under chapter 154B.
Such standards shall include requiring a physician serving
as a supervising licensed physician to notify the board of
medicine of the identity of the psychologist the physician is
supervising and any change in the status of the supervisory
relationship.
2. The process for initiating and conducting disciplinary
proceedings under chapter 17A if a licensed physician
fails to adequately supervise a psychologist prescribing
psychotropic medications pursuant to a prescription certificate
under chapter 154B. The rule shall take into account the
deliberations of the board in making such a determination.
Sec. 5. NEW SECTION. 148.13B Requirements for prescription
certificates for psychologists ==== joint rules.
1. The board of medicine and the board of psychology shall
adopt joint rules in regard to the following:
a. Education and training requirements for prescription
certificates pursuant to sections 154B.10 and 154B.11.
b. Specific minimum standards for the terms, conditions, and
framework governing the collaborative practice agreement and
for governing the limitations on the prescriptions eligible to
be prescribed and populations eligible to be prescribed to as
specified in section 154B.1, subsection 2.
2. The board of medicine shall consult with the university
of Iowa Carver college of medicine and clinical and counseling
psychology doctoral programs at regents institutions in the
development of the rules pertaining to education and training
requirements in sections 154B.10 and 154B.11.
3. The joint rules, and any amendments thereto, adopted
by the board of medicine and the board of psychology pursuant
to this section and section 154B.14 shall only be adopted by
agreement of both boards through a joint rule=making process.
Sec. 6. Section 154B.1, Code 2016, is amended to read as
follows:
154B.1 Definition Definitions.
As used in this chapter, unless the context otherwise
requires:
1. "Board" means the board of psychology created under
chapter 147.
2. "Collaborative practice agreement" means a written
agreement between a prescribing psychologist and a licensed
physician that establishes clinical protocols, practice
guidelines, and care plans relevant to the scope of the
collaborative practice. The practice guidelines may include
limitations on the prescribing of psychotropic medications
by psychologists and protocols for prescribing to special
populations including patients who are less than seventeen
years of age or over sixty=five years of age, patients who
are pregnant, and patients with serious medical conditions
including but not limited to heart disease, cancer, stroke,
seizures, and patients with developmental disabilities and
intellectual disabilities.
3. "Collaborative relationship" means a cooperative
working relationship between a prescribing psychologist or a
psychologist with a conditional prescription certificate and a
licensed physician in the provision of patient care, including
diagnosis and cooperation in the management and delivery of
physical and mental health care.
4. "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 licensed physician pursuant to this chapter.
5. "Physician" means a person licensed to practice medicine
and surgery or osteopathic medicine and surgery in this state
who is board=certified in family medicine, internal medicine,
pediatrics, psychiatry, or another specialty who prescribes
medications for the treatment of a mental disorder to patients
in the normal course of the person's clinical medical practice
pursuant to joint rules adopted by the board of psychology and
the board of medicine.
6. "Practice of psychology" means the application of
established principles of learning, motivation, perception,
thinking, and emotional relations to problems of behavior
adjustment, group relations, and behavior modification,
by persons trained in psychology for compensation or other
personal gain. The application of principles includes, but
is not limited to: Counseling and the use of psychological
remedial measures with persons, in groups or individually,
with adjustment or emotional problems in the areas of work,
family, school, and personal relationships; measuring and
testing personality, intelligence, aptitudes, public opinion,
attitudes, and skills; and the teaching of such subject matter,
and the conducting of research on the problems relating to
human behavior.
7. "Prescribing psychologist" means a licensed psychologist
who holds a valid prescription certificate.
8. "Prescription certificate" means a document issued by the
board to a licensed psychologist that permits the holder to
prescribe psychotropic medication pursuant to this chapter.
9. "Psychotropic medication" means a medicine that shall
not be dispensed or administered without a prescription and
that has been explicitly approved by the federal food and
drug administration for the treatment of a mental disorder,
as defined by the most recent version of the diagnostic
and statistical manual of mental disorders published by the
American psychiatric association or the most recent version of
the international classification of diseases. "Psychotropic
medication" does not include narcotics.
Sec. 7. NEW SECTION. 154B.9 Drugs ==== medicine.
1. Except as provided in subsections 2 and 3, a psychologist
shall not administer or prescribe drugs or medicine.
2. A licensed psychologist holding a conditional
prescription certificate may prescribe psychotropic medication
under the supervision of a licensed physician pursuant to this
chapter.
3. A prescribing psychologist may prescribe psychotropic
medication pursuant to joint rules adopted by the board of
psychology and the board of medicine and the provisions of this
chapter.
Sec. 8. NEW SECTION. 154B.10 Conditional prescription
certificate.
1. An applicant for a conditional prescription certificate
shall be granted a certificate by the board if the applicant
satisfies all of the following requirements:
a. Holds a current license to practice psychology in this
state.
b. Completed pharmacological training from an institution
approved by the board of psychology and the board of medicine
or from a provider of continuing education approved by the
board of psychology and the board of medicine pursuant to joint
rules adopted by both boards.
c. Passed a national certification examination approved by
the board of psychology and the board of medicine that tested
the applicant's knowledge of pharmacology in the diagnosis,
care, and treatment of mental disorders.
d. Within five years immediately preceding the date of
application, successfully completed a post=doctoral master
of science degree in clinical psychopharmacology approved by
the board of psychology and the board of medicine pursuant
to joint rules adopted by both boards. The program shall at
a minimum include coursework in neuroscience, pharmacology,
psychopharmacology, physiology, and appropriate and relevant
physical and laboratory assessments.
e. Within five years immediately preceding the date of
application, has been certified by the applicant's supervising
physician as having successfully completed a supervised
and relevant clinical experience in clinical assessment and
pathophysiology and an additional supervised practicum treating
patients with mental disorders. The practica shall have been
supervised by a trained physician. The board of psychology
and the board of medicine, pursuant to joint rules adopted by
the boards, shall determine sufficient practica to competently
train the applicant in the treatment of a diverse patient
population.
f. Possesses malpractice insurance that will cover the
applicant during the period the conditional prescription
certificate is in effect.
g. Meets all other requirements, as determined by joint
rules adopted by the board of psychology and the board of
medicine, for obtaining a conditional prescription certificate.
2. A conditional prescription certificate is valid for four
years, at the end of which the holder may apply again pursuant
to the provisions of subsection 1.
3. A psychologist with a conditional prescription
certificate may prescribe psychotropic medication under the
supervision of a licensed physician subject to all of the
following conditions:
a. The psychologist shall continue to hold a current license
to practice psychology in this state and continue to maintain
malpractice insurance.
b. The psychologist shall inform the board of the name of
the physician under whose supervision the psychologist will
prescribe psychotropic medication and promptly inform the board
of any change of the supervising physician.
c. A physician supervising a psychologist prescribing
psychotropic medication pursuant to a conditional prescription
certificate shall be subject to disciplinary action pursuant to
section 148.13A for the acts and omissions of the psychologist
while under the physician's supervision. This provision
does not relieve the psychologist from liability for the
psychologist's acts and omissions.
d. Any other rules adopted jointly by the board of
psychology and the board of medicine.
Sec. 9. NEW SECTION. 154B.11 Prescription certificate.
1. An applicant for a prescription certificate shall be
granted a certificate by the board if the applicant satisfies
all of the following requirements:
a. Possesses a conditional prescription certificate and has
successfully completed two years of prescribing psychotropic
medication as certified by the supervising licensed physician.
An applicant for a prescription certificate who specializes
in the psychological care of children, elderly persons, or
persons with comorbid psychological conditions shall complete
at least one year prescribing psychotropic medications to such
populations as certified by the supervising licensed physician.
b. Holds a current license to practice psychology in this
state.
c. Possesses malpractice insurance that will cover the
applicant as a prescribing psychologist.
d. Meets all other requirements, as determined by rules
adopted by the board, for obtaining a prescription certificate
including joint rules adopted by the board of psychology and
the board of medicine.
2. A psychologist with a prescription certificate may
prescribe psychotropic medication pursuant to the provisions of
this chapter subject to the following conditions:
a. The psychologist continues to hold a current license to
practice psychology in this state and maintains malpractice
insurance.
b. The psychologist annually satisfies the continuing
education requirements for prescribing psychologists, as
determined by the board, which shall be no fewer than twenty
hours each year.
c. The psychologist has entered into a collaborative
practice agreement with a licensed physician.
d. Any other rules adopted jointly by the board of
psychology and the board of medicine.
Sec. 10. NEW SECTION. 154B.12 Prescribing practices.
1. A prescribing psychologist or a psychologist with
a conditional prescription certificate may administer and
prescribe psychotropic medication within the scope of the
psychologist's profession, including the ordering and review
of laboratory tests in conjunction with the prescription, for
the treatment of mental disorders. Such prescribing practices
shall be governed by joint rules adopted by the board of
psychology and the board of medicine.
2. When prescribing psychotropic medication for a
patient, the prescribing psychologist or the psychologist
with a conditional prescription certificate shall maintain
an ongoing collaborative relationship with the licensed
physician who oversees the patient's general medical care to
ensure that necessary medical examinations are conducted,
the psychotropic medication is appropriate for the patient's
medical condition, and significant changes in the patient's
medical or psychological condition are discussed.
3. A prescription written by a prescribing psychologist or a
psychologist with a conditional prescription certificate shall
meet all of the following requirements:
a. Comply with applicable state and federal laws.
b. Be identified as issued by the psychologist as
"psychologist certified to prescribe".
c. Include the psychologist's board=assigned identification
number.
4. A prescribing psychologist or a psychologist with
a conditional prescription certificate shall not delegate
prescriptive authority to any other person. Records of all
prescriptions shall be maintained in patient records.
5. When authorized to prescribe controlled substances, a
prescribing psychologist or a psychologist with a conditional
prescription certificate shall file with the board in a
timely manner all individual federal drug enforcement agency
registration and numbers. The board shall maintain current
records on every psychologist, including federal registration
and numbers.
Sec. 11. NEW SECTION. 154B.13 Board duties regarding
prescription certificates and conditional prescription
certificates.
1. The board shall, in consultation with the board of
medicine, adopt rules to carry out the provisions of this
chapter relating to prescribing psychologists. The rules shall
include but not be limited to all of the following:
a. Procedures to obtain a conditional prescription
certificate, a prescription certificate, and a renewal of
a prescription certificate. The board may set reasonable
application and renewal fees.
b. Grounds for the denial, suspension, or revocation of
a conditional prescription certificate and a prescription
certificate, including a provision for suspension or revocation
of a license to practice psychology upon suspension of a
conditional prescription certificate and a prescription
certificate.
c. The provision of an annual list of psychologists with
prescription certificates and psychologists with conditional
prescription certificates that contains the information agreed
to between the board and the board of medicine. The board
shall promptly notify the board of medicine of psychologists
who are added to or removed from the list.
d. Any other rules necessary for the administration of this
chapter.
2. The board shall appoint a prescribing psychologist rules
subcommittee comprised of a psychologist appointed by the
board, a physician appointed by the board of medicine, and a
member of the public appointed by the director of public health
to develop rules for consideration by the board pursuant to
this section.
Sec. 12. NEW SECTION. 154B.14 Requirements for prescription
certificates ==== joint rules.
1. The board of psychology and the board of medicine shall
adopt joint rules in regard to the following:
a. Education and training requirements pursuant to sections
154B.10 and 154B.11.
b. Specific minimum standards for the terms, conditions, and
framework governing the collaborative practice agreement and
for governing the limitations on the prescriptions eligible to
be prescribed and populations eligible to be prescribed to as
specified in section 154B.1, subsection 2.
2. The board of psychology shall consult with the university
of Iowa Carver college of medicine and clinical and counseling
psychology doctoral programs at regents institutions in the
development of the rules pertaining to education and training
requirements in sections 154B.10 and 154B.11.
3. The joint rules, and any amendments thereto, adopted
by the board of psychology and the board of medicine pursuant
to this section and section 148.13B shall only be adopted by
agreement of both boards through a joint rule=making process.
Sec. 13. Section 155A.3, subsection 35, Code 2016, is
amended to read as follows:
35. "Practitioner" means a physician, dentist, podiatric
physician, prescribing psychologist, veterinarian, or other
person licensed or registered to distribute or dispense a
prescription drug or device in the course of professional
practice in this state or a person licensed by another state
in a health field in which, under Iowa law, licensees in this
state may legally prescribe drugs.
Sec. 14. Section 155A.23, subsection 1, paragraph c, Code
2016, is amended to read as follows:
c. For the purpose of obtaining a prescription drug or
device, falsely assuming the title of or claiming to be
a manufacturer, wholesaler, pharmacist, pharmacy owner,
physician, dentist, podiatric physician, prescribing
psychologist, veterinarian, or other authorized person.
Sec. 15. Section 155A.24, subsection 14, Code 2016, is
amended to read as follows:
14. This section does not prevent a licensed practitioner of
medicine, dentistry, podiatry, nursing, psychology, veterinary
medicine, optometry, or pharmacy from acts necessary in the
ethical and legal performance of the practitioner's profession.
PAM JOCHUM
President of the Senate
LINDA UPMEYER
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2188, Eighty=sixth General Assembly.
MICHAEL E. MARSHALL
Secretary of the Senate
Approved , 2016
TERRY E. BRANSTAD
Governor
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