05 LC 33
0951ER
House
Bill 923
By:
Representatives Cox of the
102nd,
Warren of the
122nd,
and Kidd of the
115th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating
to controlled substances, Chapter 4 of Title 26 of the Official Code of Georgia
Annotated, relating to pharmacists, Article 8 of Chapter 7 of Title 31 of the
Official Code of Georgia Annotated, relating to health service provider
psychologists, and Chapter 39 of Title 43 of the Official Code of Georgia
Annotated, relating to psychologists, so as to authorize certain psychologists
to prescribe drugs in certain circumstances; to provide that psychologists
certified to prescribe drugs are exempt from criminal law as are other medical
professionals licensed to prescribe; to exempt from liability pharmacists and
nurses acting in good faith upon the orders of a psychologist certified to
prescribe; to provide for prescriptions by psychologists certified to prescribe
who are health service provider psychologists; to provide that the practice of
psychology includes administering, ordering, and prescribing drugs in certain
circumstances; to limit such prescriptions to those for mental or nervous
disorders or illnesses; to provide for the adoption of rules for certification;
to provide for training and an examination; to provide for consultation with the
patient́s
treating physician; to provide for the creation of a psychopharmacological
formulary; to provide for related matters; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled
substances, is amended in Code Section 16-13-21, relating to definitions, by
striking in its entirety paragraph (23) and inserting in its place the
following:
"(23)
'Practitioner' means:
(A)
A physician, dentist, pharmacist, podiatrist, veterinarian,
psychologist
certified to prescribe as defined in paragraph (4) of Code Section
43-39-1, scientific investigator, or other
person licensed, registered, or otherwise authorized under the laws of this
state 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;
(B)
A pharmacy, hospital, or other institution licensed, registered, or otherwise
authorized by law 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; or
(C)
A
physiciańs
assistant acting pursuant to the authority of subsection (e.1) of Code Section
43-34-103. For purposes of this chapter and subsection (e.1) of Code Section
43-34-103 and notwithstanding the provisions of subsection (g) of Code Section
43-34-26.1, a
physiciańs
assistant is authorized to register with the federal Drug Enforcement
Administration and appropriate state
authorities."
SECTION
2.
Said
chapter is further amended in Article 3, relating to dangerous drugs, by
striking Code Section 16-13-77, relating to the
articlés
applicability to practitioners of the healing arts, and inserting in its place a
new Code section to read as follows:
"16-13-77.
Nothing
in this article shall be construed to prohibit the administration of dangerous
drugs by or under the direction of a practitioner of the healing arts.
For purposes
of this article, the terms 'practitioner' and 'practitioner of the healing arts'
mean a practitioner as defined in Code Section
16-13-21."
SECTION
3.
Chapter
4 of Title 26 of the Official Code of Georgia Annotated, relating to
pharmacists, is amended by striking in its entirety paragraph (33) of Code
Section 26-4-5, relating to definitions, and inserting in its place a new
paragraph (33) and by adding a new paragraph to be designated paragraph (37.1),
so that the two paragraphs as amended read as follows:
"(33)
'Practitioner' or 'practitioner of the healing arts' means a physician, dentist,
podiatrist,
or
veterinarian,
or psychologist certified to prescribe and
shall include any other person licensed under the laws of this state to use,
mix, prepare, dispense, prescribe, and administer drugs in connection with
medical treatment to the extent provided by the laws of this
state."
"(37.1)
'Psychologist certified to prescribe' means an individual who is certified by
the State Board of Examiners of Psychologists to administer, order, and
prescribe drugs for the diagnosis, care, and treatment of mental or nervous
disorders or illnesses, including the ordering and review of laboratory tests in
conjunction with the prescription, as provided in Code Sections 43-39-5.1 and
43-39-21."
SECTION
4.
Said
chapter is further amended by inserting a new Code section to be designated Code
Section 26-4-31 to read as follows:
"26-4-31.
Nothing
in this chapter shall be construed to create a presumption of liability, either
civil or criminal, on the part of a pharmacist who is duly licensed under this
chapter and who in good faith fills a prescription drug ordered or prescribed by
a psychologist certified to
prescribe."
SECTION
5.
Article
8 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating
to health service provider psychologists, is amended by striking in its entirety
Code Section 31-7-160, relating to definitions, and inserting in its place a new
Code section to read as follows:
"31-7-160.
As
used in this article, the term:
(1)
'Health service provider psychologist' means a licensed psychologist who meets
the criteria of training and experience as provided in Code Section 31-7-162 in
the delivery of direct, preventive, assessment and therapeutic intervention
services to individuals whose growth, adjustment, or functioning is actually
impaired or is demonstrably at a high risk of impairment.
(2)
'Psychologist́s
order' means an order issued by a health service provider psychologist
practicing psychology in accordance with Chapter 39 of Title 43 for the care and
treatment rendered to a person in a medical facility or institution, including
admission and discharge. Such care and treatment
does not
include
includes
the ordering or prescribing of
medications,
and the
ordering and review of laboratory tests only by a psychologist certified to
prescribe. Such care and treatment does not
include nursing assessments or
interventions,
or medical
procedures."
SECTION
6.
Chapter
39 of Title 43 of the Official Code of Georgia Annotated, relating to
psychologists, is amended in Code Section 43-39-1, relating to definitions, by
striking in its entirety paragraph (3) and inserting in lieu thereof the
following:
"(3)
'To practice psychology' means to render or offer to render to individuals,
groups, organizations, or the public for a fee or any remuneration, monetary or
otherwise, any service involving the application of recognized principles,
methods, and procedures of the science and profession of psychology, such as,
but not limited to, diagnosing and treating mental and nervous disorders and
illnesses, rendering opinions concerning diagnoses of mental disorders,
including organic brain disorders and brain damage, engaging in neuropsychology,
engaging in psychotherapy, interviewing, administering, and interpreting tests
of mental abilities, aptitudes, interests, and personality characteristics for
such purposes as psychological classification or evaluation, or for education or
vocational placement, or for such purposes as psychological counseling,
guidance, or readjustment.
Nothing in
this paragraph shall be construed as permitting the administration or
prescription of drugs or in any way infringing upon
the
The
practice of
medicine as
defined in the laws of this state
psychology
shall include the administering, ordering, and prescribing of drugs by a
psychologist certified to prescribe for the diagnosis, care, and treatment of
mental or nervous disorders or
illnesses.
(4)
'Psychologist certified to prescribe' means a licensed psychologist who meets
the criteria of training and experience as provided in Code Section 43-39-5.1
and is certified by the board to administer, order, and prescribe drugs,
including the ordering and review of laboratory tests in conjunction with the
prescription, as authorized by the board pursuant to Code Sections 43-39-5.1 and
43-39-21."
SECTION
7.
Said
chapter is further amended by inserting new Code sections to be designated Code
Sections 43-39-5.1, 43-39-21, and 43-39-22 to read as follows:
"43-39-5.1.
The
board shall adopt rules for the certification of psychologists to administer,
order, and prescribe drugs for the diagnosis, care, and treatment of mental and
nervous disorders and illnesses. The rules shall include at least the following
requirements for certification:
(a)
The successful completion of 320 hours of post-doctoral pharmacological training
from an institution of higher education approved by the board;
(b)
Three hundred hours of supervised clinical experience in psychopharmacology
treating at least 100 patients. The supervised clinical experience shall be
approved by the board, and the supervisor(s) shall be approved in advance by the
board. The supervisor shall be a licensed, appropriately trained physician or
psychologist certified to prescribe. The supervisor shall maintain
responsibility for the psychopharmacological care provided to the patient during
the supervised clinical experience. The supervised clinical experience shall
conform to standards adopted by the board, which shall include the following:
(1)
The clinical experience shall last for at least 12 but no more than 36 months;
(2)
The supervisor shall approve the
patient́s
diagnostic intake and treatment plan developed by the supervisee, including
recommended laboratory tests and prescriptions;
(3)
The supervisor will personally meet with each patient prior to the
implementation of the treatment plan;
(4)
The supervisor shall submit quarterly reports to the board and the supervisee on
a form approved by the board assessing the
superviseés
skill, safety, and efficiency in clinical psychopharmacology; and
(5)
Upon completion of the clinical experience, the supervisor shall submit to the
board and the supervisee a report on a form approved by the board certifying
completion of the clinical experience and assessing the
superviseés
ability to independently prescribe; and
(c)
Following successful completion of the supervised clinical experience, passage
of the Psychopharmacology Examination for Psychologists or a similar
certification examination in psychopharmacology approved by the
board."
"43-39-21.
(a)
The board, in consultation with the Composite Board of Medical Examiners and the
State Board of Pharmacy, shall develop a drug formulary for the diagnosis, care,
and treatment of mental and nervous disorders by psychologists certified to
prescribe. Psychologists certified to prescribe may prescribe only from the
approved drug formulary. The board shall, on at least an annual basis, update
the formulary to add new medications and to remove those that are no longer
appropriate.
(b)
The board shall adopt rules providing that a psychologist certified to prescribe
shall consult with the
patient́s
treating physician.
43-39-22.
Notwithstanding
any other provision of law, a registered professional nurse and a licensed
practical nurse shall have the authority to execute an order for the
administration of drugs issued by a psychologist certified to prescribe,
provided that a registered professional nurse or licensed practical nurse may
confer with the psychologist certified to prescribe prior to executing the
psychologist́s
order. Nothing contained in this Code section shall be deemed to alter the
standard of care of the registered professional nurse or the licensed practical
nurse applicable to the evaluation and execution of orders, including an order
of a psychologist certified to
prescribe."
SECTION
8.
This
Act shall become effective on January 1, 2006.
SECTION
9.
All
laws and parts of laws in conflict with this Act are repealed.