PRINTER'S NO. 1713

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1000

Session of

2023

INTRODUCED BY FRANKEL, MADDEN, SANCHEZ, BOROWSKI, BRENNAN,

KRUEGER, KINSEY, McANDREW, CERRATO, INNAMORATO, KINKEAD,

STEELE, STRUZZI, CONKLIN, HARKINS, ISAACSON, DONAHUE, O'MARA,

licensing of psychologists, making certain acts illegal and

providing penalties," further providing for definitions, for

State Board of Psychology and for powers of the board;

providing for prescription certificate, for prescribing and

administrative practices and for controlled substances; and

further providing for refusal, suspension or revocation of

license, for reporting of multiple licensure and for

penalties and injunctions against unlawful practice.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

"Collaborative relationship" means a cooperative working

relationship between a prescribing psychologist and the

patient's primary care provider in the provision of patient

care, including cooperation in the management and delivery of

physical and mental health care to ensure optimal patient care.

* * *

"Controlled substance" means a controlled substance as

defined in the act of April 14, 1972 (P.L.233, No.64), known as

the "Controlled Substance, Drug, Device and Cosmetic Act."

"Drug" means a drug as defined in the "Controlled Substance,

(i) The application of established principles of learning,

motivation, perception, thinking, and emotional relationships to

problems of personality evaluation, group relations, and

behavior adjustment. The application of said principles

includes, but is not restricted to, counseling and the use of

psychological methods with persons or groups with adjustment

problems in the areas of work, family, school, and personal

relationships; measuring and testing of personality,

intelligence, aptitudes, and emotions, and offering services as

a psychological consultant. Psychologists with appropriate

remediation and consultation.

(ii) (a) "Measuring and testing," consisting of the

psychological assessment and evaluation of abilities, attitudes,

aptitudes, achievements, adjustments, motives, personality

dynamics and/or other psychological attributes of individuals,

or groups of individuals by means of standardized measurements

or other methods, techniques or procedures recognized by the

science and profession of psychology, (b) "psychological

adaptive patterns, (c) "psychological consulting," consisting of

interpreting or reporting upon scientific fact or theory in

psychology, rendering expert psychological opinion,

psychological evaluation, or engaging in applied psychological

research.

* * *

"Prescribing psychologist" means a psychologist licensed in

this Commonwealth who holds a current valid prescription

certificate.

"Prescription" means a written or oral order for a drug,

psychologists, means the authority to prescribe, administer,

discontinue or distribute without charge, drugs or controlled

substances recognized in or customarily used in the diagnosis,

treatment and management of individuals with psychiatric,

mental, cognitive, nervous, developmental, emotional or behavior

disorders; this includes the authority to order necessary

laboratory tests, diagnostic examinations and procedures

directly related thereto in accordance with rules and

clinical diagnoses and interventions employing medication are

learned and which are conducted and supervised as part of the

training program.

"Telemedicine" means the delivery of health care services to

a patient by a health care provider who is at a different

location through synchronous interactions, asynchronous

interactions or remote patient monitoring that meet the

requirements of the Health Insurance Portability and

Accountability Act of 1996 (Public Law 104-191, 110 Stat. 1936),

the Health Information Technology for Economic and Clinical

combination thereof.

(ii) A provider-to-provider consultation.

Section 2. Section 3.1(a) of the act is amended to read:

Section 3.1. State Board of Psychology.--(a) The State

Board of Psychology shall consist of [nine] eleven members who

are citizens of the United States and who have been residents of

this Commonwealth for a three-year period. [Eight] Ten members

are to be appointed by the Governor, with the advice and consent

shall be broadly representative of the practice areas of

psychology, at least two of these members shall be prescribing

psychologists.

* * *

Section 3. Section 3.2(3) of the act is amended and the

section is amended by adding a clause to read:

Section 3.2. Powers of the Board.--The board shall have the

following powers:

* * *

(3) To examine for, deny, approve, issue, revoke, suspend,

the following information:

(i) the name of the psychologist;

(ii) the psychologist's identification number assigned by

the board;

(iii) the psychologist's Drug Enforcement Agency (DEA)

number; and

(iv) the effective date a prescribing psychologist obtained

their prescriptive authority.

(1) a current valid doctoral level license to practice

psychology in this Commonwealth;

(2) a master's degree in clinical psychopharmacology from an

accredited institution of higher education. The necessary

prerequisites for the education shall be determined by the

institution that offers the degree and which in that

institution's judgment shall include sufficient biomedical

education to ensure the necessary knowledge and skills to

prescribe drugs and controlled substances in a safe manner. The

psychologist must have completed an organized sequence of study

(iv) interpretation of laboratory tests;

(v) pathological basis of disease;

(vi) clinical medicine;

(vii) clinical neurotherapeutics;

(viii) systems of care;

(ix) pharmacology;

(x) clinical pharmacology;

(xi) psychopharmacology;

(3) passing a national certification examination developed

by a nationally recognized body and approved by the board;

(4) p ossessing professional liability insurance that covers

the prescribing of psychotropic medication and controlled

substances;

(5) c ompleting psychopharmacology clinical practical

experience to attain competency in the psychopharmacological

treatment of a diverse patient population under the direction

of a physician or prescribing psychologist as determined by the

board; and

the requirements of this section. The board may, at its

discretion, require the applicant to complete supplemental

education or psychopharmacology clinical practical experience or

both.

(c) The following shall apply:

(1) The board shall prescribe by regulations the procedures

for renewing the prescription certificate.

(2) Prescribing psychologists shall complete a minimum of an

A prescribing psychologist may:

(1) P rescribe drugs or a controlled substance through the

use of telemedicine.

(2) P rescribe and administer drugs or a controlled substance

within the prescriptive authority of a prescribing psychologist.

(b) When prescribing drugs or a controlled substance to a

patient, the prescribing psychologist shall maintain an ongoing

collaborative relationship with the primary care provider who

oversees the patient's general medical care to ensure that

necessary medical examinations are conducted, the drug or

patient's primary care provider, as required by law. If a

patient's legal guardian refuses to sign a release of

information for the patient's primary care provider who oversees

the patient, the prescribing psychologist shall:

(1) I nform the patient or the patient's legal guardian that

the prescribing psychologist cannot treat the patient

pharmacologically without an ongoing collaborative relationship

with the patient's primary care provider.

from the primary care provider that the prescription for or

administering of the drug or controlled substance is

appropriate.

(e) If a patient does not have a primary care provider, the

prescribing psychologist shall refer the patient to a primary

care provider prior to psychopharmacological treatment. The

prescribing psychologist must receive the results of the primary

care provider's assessment and shall contact the primary care

provider who conducted the assessment and establish a

collaborative relationship prior to prescribing drugs or