PRINTER'S NO. 3122
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2607
Session of
2022
INTRODUCED BY THOMAS, FARRY, POLINCHOCK, BENHAM, BRIGGS, CIRESI,
DALEY, T. DAVIS, DeLUCA, DOWLING, HELM, HENNESSEY, KINKEAD,
LEWIS, MIHALEK, E. NELSON, O'MARA, QUINN, RIGBY, ROTHMAN,
ROWE, ROZZI AND SANCHEZ, MAY 23, 2022
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MAY 23, 2022
AN ACT
Amending the act of March 23, 1972 (P.L.136, No.52), entitled
"An act relating to the practice of psychology, providing for
licensing of psychologists, making certain acts illegal and
providing penalties," further providing for definitions; and
providing for conditional prescription certificate, for
prescription certificate, for prescribing practices, for
prescriptive authority and for coordination with State Board
of Pharmacy.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of March 23, 1972 (P.L.136,
No.52), known as the Professional Psychologists Practice Act, is
amended by adding definitions to read:
Section 2. Definitions.--As used in this act:
* * *
"Collaborative relationship" means a cooperative working
relationship between a prescribing psychologist and a patient's
primary health 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.
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"Conditional prescription certificate" means a certificate
issued by the board to a licensed psychologist that permits the
holder to prescribe psychotropic medication under the direction
of a licensed physician or a prescribing psychologist in
accordance with section 6.1.
"Controlled substance" means any drug, substance or immediate
precursor included in Schedules I through V under 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:
(i) limited by the Federal Food, Drug, and Cosmetic Act (52
Stat. 1040, 21 U.S.C. § 301 et seq.) to being dispensed by
prescription; and
(ii) the product label of which is required to contain the
following statement: "CAUTION: FEDERAL LAW PROHIBITS DISPENSING
WITHOUT A PRESCRIPTION."
* * *
"Prescribing psychologist" means a licensed psychologist who
holds a valid prescription certificate.
" Prescription" means any writt en or oral order issued by a
licensed physician in the course of professional practice for a
controlled substance, other drug or device or medication which
is dispensed for use by a patient. Except for opioid antagonists
used to treat opioid addiction, the term does not include any
written or oral order for a Schedule II controlled substance.
"Prescription certificate" means any doc ument issued by the
board that permits the holder to prescribe psychotropic
medication in accordance with section 6.2.
"Prescriptive authority" means any of the following:
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(i) The authority to prescribe, administer, discontinue or
distribute without charge a drug or controlled substance
recognized or customarily used in the diagnosis, treatment and
management of an individual's psychiatric, mental, cognitive,
nervous, developmental, emotional or behavioral disorder.
(ii) The authority to order and review laboratory tests in
conjunction with a prescription under subclause (i) or any other
procedure directly related to the laboratory tests within the
scope of practice of psychology in accordance with the rules and
regulations of the board.
" Psychopharmacology clinical experience" means a period of
supervised clinical training and practice in which clinical
diagnoses and interventions are learned as authorized by a
conditional prescription certificate.
"Psychotropic medication" means a medicine that is not
dispensed or administered without a prescription and has been
explicitly approved by the United States Food and Drug
Administration for the treatment of a mental disorder as defined
by the Diagnostic and Statistical Manual of Mental Disorders,
Fifth Edition (DSM-5-TR) or the International Classification of
Diseases, 11th Revision.
Section 2. The act is amended by adding sections to read:
Section 6.1. Conditional Prescription Certificate.--(a) An
applicant for a conditional prescription certificate shall be
qualified for a conditional prescription certificate after
submission of proof satisfactory to the board that the applicant
meets all of the following requirements:
(1) Has a c urrent license to practice psychology in this
Commonwealth.
(2) Has a doctoral degree in psychology from an accredited
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college or university.
(3) Has a master's degree in clinical psychopharmacology
from an accredited college or university. For the purpose of the
education requirement under this clause, the necessary
prerequisites for the education requirement shall be determined
by the accredited college or university and, in the judgment of
the accredited college or university, shall include sufficient
biomedical education to ensure the necessary knowledge and
skills to prescribe psychotropic medications in a safe manner.
The didactic portion of the education shall consist of an
appropriate number of hours to ensure acquisition of the
necessary knowledge and skills to prescribe in a safe and
effective manner. The coursework shall include, but not be
limited to, the following core areas of instruction:
(i) Basic life science.
(ii) Anatomy.
(iii) Physiology.
(iv) Neuroscience.
(v) Clinical and research pharmacology and
psychopharmacology.
(vi) Clinical medicine and pathophysiology.
(vii) Physical assessment and laboratory exams.
(viii) Clinical pharmacotherapeutics.
(ix) Research.
(x) Professional, ethical and legal issues.
(4) Has passed a national certification examination approved
by the board that tests the applicant's general knowledge of
pharmacology in the diagnosis, care and treatment of mental
disorders.
(5) P ossesses professional liability insurance that will
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cover the psychologist during the period that the conditional
prescription certificate is in effect.
(6) Within five years preceding the date of the application,
has been certified by the applicant's supervising physician as
having completed psychopharmacology clinical experience in
accordance with the rules and regulations promulgated by the
board sufficient to attain competency in psychopharmacological
treatments. The clinical experience required under this clause
shall include the treatment of at least one hundred patients and
four hundred direct contact clinical hours.
(7) Meets any other requirements specified in the rules and
regulations of the board.
(b) A conditional prescription certificate shall be valid
for a period of four years. Upon the elapse of the four-year
period, the holder of the conditional prescription certificate
may apply for a renewal of the conditional prescription
certificate.
(c) A holder of a conditional prescription certificate may
prescribe psychotropic medications under the supervision of a
licensed physician or prescribing psychologist under the
following conditions:
(1) The holder shall continue to maintain a license to
practice psychology in this Commonwealth and the professional
liability insurance that covers prescribing practices.
(2) The holder shall inform the board of the name of the
supervising licensed physician or prescribing psychologist and
promptly inform the board of any change of the supervising
licensed physician or prescribing psychologist.
Section 6.2. Prescription Certificate.-- (a) An applicant
for a prescription certificate shall qualify for a prescription
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certificate after submission of proof satisfactory to the board
that the applicant meets all of the following requirements:
(1) Possesses a conditional prescription certificate and has
successfully completed two years of prescribing psychotropic
medication as certified by the supervising licensed physician or
prescribing psychologist under section 6.1(c).
(2) Holds a current license to practice psychology in this
Commonwealth.
(3) Possesses professional liability insurance that covers
the prescribing of psychotropic medication.
(4) Meets any other requirements specified in the rules and
regulations of the board.
(b) An applicant for a prescription certificate who holds
prescriptive authority as a psychologist in another state with
requirements for prescriptive authority equivalent to the
requirements in this Commonwealth as deemed by the board may be
exempt from the requirements under subsection (a)(1) if the
applicant practiced psychology in this Commonwealth for at least
five years without a founded or unresolved disciplinary action.
The board may, at its discretion, require the applicant to
complete supplemental education or training to attain a
prescription certificate.
(c) The board shall promulgate rules and regulations for
procedures to renew the prescription certificate. A prescribing
psychologist shall complete a minimum of sixteen hours of
continuing medical education per renewal period relevant to the
practice of the prescribing psychologist.
Section 6.3. Prescribing Practices. --(a) A prescribing
psychologist may do any of the following:
(1) Prescribe, orally or in writing, administer, discontinue
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or distribute without charge a psychotropic medication or
controlled substance recognized or customarily used in the
diagnosis, treatment and management of an individual with any
psychiatric, mental, cognitive, nervous, emotional or behavioral
disorder.
(2) Order and review laboratory tests in conjunction with a
prescription under clause (1) or any other procedure directly
related to the laboratory tests within the scope of practice of
psychology in accordance with the rules and regulations of the
board.
(b) A prescription under subsection (a)(1) shall meet all of
the following requirements:
(1) Be r elevant to the practice of psychology or another
procedure directly related to the practice of psychology.
(2) Be within the scope of the prescribing psychologist's
license and prescription certificate.
(3) Be within the scope of training or specialization of the
prescribing psychologist.
(4) Be prescribed only to a patient who has identified a
primary health care provider.
(5) Be prescribed in accordance with a collaborative
relationship with a licensed physician, an advanced practice
nurse or a licensed physician's assistant.
(6) Be identified as written in accordance with the rules
and regulations of the board.
(7) Comply with all applicable Federal and State laws and
regulations.
(c) A licensed ps ychologist may not issue a prescription
under subsection (a)(1) unless the licensed psychologist holds a
prescription certificate. A prescribing psychologist may not
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prescribe a narcotic, except an opioid antagonist approved by
the United States Food and Drug Administration for the treatment
of drug addiction or the prevention of relapse of drug
addiction.
(d) The prescribing psychologist shall maintain a
collaborative relationship with the primary health care provider
of the patient. The prescribing psychologist shall maintain a
record of all prescriptions under subsection (a)(1) in the
patient's record. The prescribing psychologist may not delegate
the authority to prescribe to the patient under this section to
any other person.
Section 6.4. Prescriptive Authority.--(a) Upon receipt of
prescriptive authority, a licensed psychologist shall, in a
timely manner, file the licensed psychologist's Drug Enforcement
Agency (DEA) registration number with the board .
(b) The board shall maintain current records of each
licensed psychologist who has pr escriptive authority, including
each licensed psychologist's DEA registration number.
Section 6.5. Coordination with State Board of Pharmacy.--(a)
The board shall transmit an initial list of each licensed
psychologist who has pr escriptive authority, including all of
the following information:
(1) The name of each licensed psychologist.
(2) The identification number assigned by the board for each
licensed psychologist.
(3) The effective date of prescriptive authority.
(b) The board shall, in a timely manner, transmit any
addition to the initial list under subsection (a) to the State
Board of Pharmacy. The board shall, in a timely manner, notify
the State Board of Pharmacy upon the termination, suspension or
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reinstatement of a licensed psychologist's prescriptive
authority.
Section 3. This act shall take effect in 60 days.
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