07
LC 33 1840
House
Bill 397
By:
Representatives Cox of the
102nd
and Gardner of the
57th
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 civil and criminal liability 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 revise provisions relating to penalties; to
provide for the adoption of rules for certification; to provide for training and
an examination; to provide for consultation with the patient´s 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
revising paragraph (23) as follows:
"(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;
(C)
An advanced practice registered nurse acting pursuant to the authority of Code
Section 43-34-26.3. For purposes of this chapter and Code Section 43-34-26.3,
an advanced practice registered nurse is authorized to register with the federal
Drug Enforcement Administration and appropriate state authorities;
or
(D)
A physician´s 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, a physician´s assistant is authorized to
register with the federal Drug Enforcement Administration and appropriate state
authorities."
SECTION
2.
Said
chapter is further amended by revising Code Section 16-13-77, relating to the
article´s applicability to practitioners of the healing arts, 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 in Code Section 26-4-5, relating to definitions, by
revising paragraph (33) and by adding a new paragraph to be designated paragraph
(37.1), to 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 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 revising Code Section
31-7-160, relating to definitions, 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)
'Psychologist´s 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
revising paragraph (3) as follows:
"(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 in Code Section 43-39-19, relating to penalties, as
follows:
"43-39-19.
Any
person who violates this chapter shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined no less than
$100.00
$1,000.00
nor more than
$1,000.00
$5,000.00
and may be imprisoned for a term not to exceed 12 months for such
violation."
SECTION
8.
Said
chapter is further amended by inserting new Code sections 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:
(1)
The successful completion by the psychologist of 320 hours of post-doctoral
pharmacological training from an institution of higher education approved by the
board;
(2)
Three hundred hours of supervised clinical experience by the psychologist in
psychopharmacology treating at least 100 patients. The supervised clinical
experience shall be approved by the board and the supervisor or supervisors
shall be approved in advance by the board. A 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:
(A)
The clinical experience shall last for at least 12 but no more than 36 months;
(B)
The supervisor shall approve the patient´s diagnostic intake and treatment
plan developed by the supervisee, including recommended laboratory tests and
prescriptions;
(C)
The supervisor will personally meet with each patient prior to the
implementation of the treatment plan;
(D)
The supervisor shall submit quarterly reports to the board and the supervisee on
a form approved by the board assessing the supervisee´s skill, safety, and
efficiency in clinical psychopharmacology; and
(E)
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 supervisee´s
ability to independently prescribe; and
(3)
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 State 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 patient´s 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 such
psychologist´s 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
9.
This
Act shall become effective on July 1, 2007.
SECTION
10.
All
laws and parts of laws in conflict with this Act are repealed.