45th legislature - STATE OF NEW MEXICO - first session, 2001
AN ACT
RELATING TO PSYCHOLOGISTS; GRANTING PRESCRIPTIVE AUTHORITY TO CERTAIN PSYCHOLOGISTS; PROVIDING FOR CERTIFICATION; PROVIDING QUALIFICATIONS AND LIMITATIONS; REQUIRING MALPRACTICE INSURANCE; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 26-1-2 NMSA 1978 (being Laws 1967, Chapter 23, Section 2, as amended) is amended to read:
"26-1-2. DEFINITIONS.--As used in the New Mexico Drug, Device and Cosmetic Act:
A. "board" means the board of pharmacy or its duly authorized agent;
B. "person" includes individual, partnership, corporation, association, institution or establishment;
C. "biological product" means any virus, therapeutic serum, toxin, antitoxin or analogous product applicable to the prevention, treatment or cure of diseases or injuries of man and domestic animals and, as used within the meaning of this definition:
(1) a "virus" is interpreted to be a product containing the minute living cause of an infectious disease and includes filterable viruses, bacteria, rickettsia, fungi and protozoa;
(2) a "therapeutic serum" is a product obtained from blood by removing the clot or clot components and the blood cells;
(3) a "toxin" is a product containing a soluble substance poisonous to laboratory animals or man in doses of one milliliter or less of the product and having the property, following the injection of nonfatal doses into an animal, or causing to be produced therein another soluble substance that specifically neutralizes the poisonous substance and that is demonstrable in the serum of the animal thus immunized; and
(4) an "antitoxin" is a product containing the soluble substance in serum or other body fluid of an immunized animal that specifically neutralizes the toxin against which the animal is immune;
D. "controlled substance" means any drug, substance or immediate precursor enumerated in Schedules I through V of the Controlled Substances Act;
E. "drug" means:
(1) articles recognized in an official compendium;
(2) articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals and includes the domestic animal biological products regulated under the federal Virus-Serum-Toxin Act, 37 Stat 832-833, 21 U.S.C. 151-158 and the biological products applicable to man regulated under Federal 58 Stat 690, as amended, 42 U.S.C. 216, Section 351, 58 Stat 702, as amended, and 42 U.S.C. 262;
(3) articles other than food that affect the structure or any function of the body of man or other animals; and
(4) articles intended for use as a component of Paragraph (1), (2) or (3) of this subsection, but does not include devices or their component parts or accessories;
F. "dangerous drug" means a drug, other than a controlled substance enumerated in Schedule I of the Controlled Substances Act, that because of a potentiality for harmful effect or the method of its use or the collateral measures necessary to its use is not safe except under the supervision of a practitioner licensed by law to direct the use of such drug and hence for which adequate directions for use cannot be prepared. "Adequate directions for use" means directions under which the layman can use a drug or device safely and for the purposes for which it is intended. A drug shall be dispensed only upon the prescription of a practitioner licensed by law to administer or prescribe such drug if it:
(1) is a habit-forming drug and contains any quantity of a narcotic or hypnotic substance or a chemical derivative of such substance that has been found under the federal act and the board to be habit forming;
(2) because of its toxicity or other potential for harmful effect or the method of its use or the collateral measures necessary to its use is not safe for use except under the supervision of a practitioner licensed by law to administer or prescribe the drug;
(3) is limited by an approved application by Section 505 of the federal act to the use under the professional supervision of a practitioner licensed by law to administer or prescribe the drug;
(4) bears the legend: "Caution: federal law prohibits dispensing without prescription.";
(5) bears the legend: "Caution: federal law restricts this drug to use by or on the order of a licensed veterinarian."; or
(6) bears the legend "RX only";
G. "counterfeit drug" means a drug other than a controlled substance that, or the container or labeling of which, without authorization, bears the trademark, trade name or other identifying mark, imprint or device or any likeness of a drug manufacturer, processor, packer or distributor other than the person who manufactured, processed, packed or distributed the drug and that falsely purports or is represented to be the product of or to have been packed or distributed by such other drug manufacturer, processor, packer or distributor;
H. "device", except when used in Subsection P of this section and in Subsection G of Section 26-1-3, Subsection L and Paragraph (4) of Subsection A of Section 26-1-11 and Subsection C of Section 26-1-24 NMSA 1978, means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including any component, part or accessory, that is:
(1) recognized in an official compendium;
(2) intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment or prevention of disease in man or other animals; or
(3) intended to affect the structure or a function of the body of man or other animals and that does not achieve any of its principal intended purposes through chemical action within or on the body of man or other animals and that is not dependent on being metabolized for achievement of any of its principal intended purposes;
I. "prescription" means an order given individually for the person for whom prescribed, either directly from the prescriber to the pharmacist or indirectly by means of a written order signed by the prescriber, and bearing the name and address of the prescriber, his license classification, the name and address of the patient, the name and quantity of the drug prescribed, directions for use and the date of issue. No person other than a practitioner shall prescribe or write a prescription;
J. "practitioner" means a physician, doctor of oriental medicine, dentist, veterinarian, certified nurse practitioner, clinical nurse specialist, pharmacist clinician, certified nurse-midwife, prescribing psychologist or other person licensed or certified to prescribe and administer drugs that are subject to the New Mexico Drug, Device and Cosmetic Act;
K. "cosmetic" means:
(1) articles intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance; and
(2) articles intended for use as a component of any articles enumerated in Paragraph (1) of this subsection, except that the term shall not include soap;
L. "official compendium" means the official United States pharmacopoeia national formulary or the official homeopathic pharmacopoeia of the United States or any supplement to either of them;
M. "label" means a display of written, printed or graphic matter upon the immediate container of an article. A requirement made by or under the authority of the New Mexico Drug, Device and Cosmetic Act that any word, statement or other information appear on the label shall not be considered to be complied with unless the word, statement or other information also appears on the outside container or wrapper, if any, of the retail package of the article or is easily legible through the outside container or wrapper;
N. "immediate container" does not include package liners;
O. "labeling" means all labels and other written, printed or graphic matter:
(1) on an article or its containers or wrappers; or
(2) accompanying an article;
P. "misbranded" means a label to an article that is misleading. In determining whether the label is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, word, design, device or any combination of the foregoing, but also the extent to which the label fails to reveal facts material in the light of such representations or material with respect to consequences that may result from the use of the article to which the label relates under the conditions of use prescribed in the label or under such conditions of use as are customary or usual;
Q. "advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or that are likely to induce, directly or indirectly, the purchase of drugs, devices or cosmetics;
R. "antiseptic", when used in the labeling or advertisement of an antiseptic, shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be or represented as an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder or such other use as involves prolonged contact with the body;
S. "new drug" means any drug:
(1) the composition of which is such that the drug is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety and efficacy of drugs, as safe and effective for use under the conditions prescribed, recommended or suggested in the labeling thereof; or
(2) the composition of which is such that the drug, as a result of investigation to determine its safety and efficacy for use under such conditions, has become so recognized, but that has not, otherwise than in such investigations, been used to a material extent or for a material time under such conditions;
T. "contaminated with filth" applies to a drug, device or cosmetic not securely protected from dirt, dust and, as far as may be necessary by all reasonable means, from all foreign or injurious contaminations, or a drug, device or cosmetic found to contain dirt, dust, foreign or injurious contamination or infestation;
U. "selling of drugs, devices or cosmetics" shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession and holding of any such article for sale and the sale and the supplying or applying of any such article in the conduct of a drug or cosmetic establishment;
V. "color additive" means a material that:
(1) is a dye, pigment or other substance made by a process of synthesis or similar artifice or extracted, isolated or otherwise derived, with or without intermediate or final change of identity, from a vegetable, mineral, animal or other source; or
(2) when added or applied to a drug or cosmetic or to the human body or a part thereof, is capable, alone or through reaction with other substances, of imparting color thereto; except that such term does not include any material that has been or hereafter is exempted under the federal act;
W. "federal act" means the Federal Food, Drug and Cosmetic Act;
X. "restricted device" means a device for which the sale, distribution or use is lawful only upon the written or oral authorization of a practitioner licensed by law to administer, prescribe or use the device and for which the federal food and drug administration requires special training or skills of the practitioner to use or prescribe. This definition does not include custom devices defined in the federal act and exempt from performance standards or premarket approval requirements under Section 520(b) of the federal act; and
Y. "prescription device" means a device that, because of its potential for harm, the method of its use or the collateral measures necessary to its use, is not safe except under the supervision of a practitioner licensed in this state to direct the use of such device and for which "adequate directions for use" cannot be prepared, but that bears the label: "Caution: federal law restricts this device to sale by or on the order of a __________", the blank to be filled with the word "physician", "doctor of oriental medicine", "dentist", "veterinarian", "certified nurse practitioner", "clinical nurse specialist", "pharmacist clinician", "certified nurse-midwife" or with the descriptive designation of any other practitioner licensed in this state to use or order the use of the device."
Section 2. Section 30-31-2 NMSA 1978 (being Laws 1972, Chapter 84, Section 2, as amended) is amended to read:
"30-31-2. DEFINITIONS.--As used in the Controlled Substances Act:
A. "administer" means the direct application of a controlled substance by any means to the body of a patient or research subject by a practitioner or his agent;
B. "agent" includes an authorized person who acts on behalf of a manufacturer, distributor or dispenser. It does not include a common or contract carrier, public warehouseman or employee of the carrier or warehouseman;
C. "board" means the board of pharmacy;
D. "bureau" means the narcotic and dangerous drug section of the criminal division of the United States department of justice, or its successor agency;
E. "controlled substance" means a drug or
substance listed in Schedules I through V of the Controlled
Substances Act or [regulations] rules adopted thereto;
F. "counterfeit substance" means a controlled substance that bears the unauthorized trademark, trade name, imprint, number, device or other identifying mark or likeness of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the controlled substance;
G. "deliver" means the actual, constructive or attempted transfer from one person to another of a controlled substance or controlled substance analog, whether or not there is an agency relationship;
H. "dispense" means to deliver a controlled substance to an ultimate user or research subject pursuant to the lawful order of a practitioner, including the administering, prescribing, packaging, labeling or compounding necessary to prepare the controlled substance for that delivery;
I. "dispenser" means a practitioner who dispenses and includes hospitals, pharmacies and clinics where controlled substances are dispensed;
J. "distribute" means to deliver other than by administering or dispensing a controlled substance or controlled substance analog;
K. "drug" or "substance" means substances recognized as drugs in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States or official national formulary or any respective supplement to those publications. It does not include devices or their components, parts or accessories;
L. "hashish" means the resin extracted from any part of marijuana, whether growing or not, and every compound, manufacture, salt, derivative, mixture or preparation of such resins;
M. "manufacture" means the production, preparation, compounding, conversion or processing of a controlled substance or controlled substance analog by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance:
(1) by a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or
(2) by a practitioner, or by his agent under his supervision, for the purpose of or as an incident to research, teaching or chemical analysis and not for sale;
N. "marijuana" means all parts of the plant Cannabis, including any and all varieties, species and subspecies of the genus Cannabis, whether growing or not, the seeds thereof and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds. It does not include the mature stalks of the plant, hashish, tetrahydrocannabinols extracted or isolated from marijuana, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination;
O. "narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis:
(1) opium and opiate and any salt, compound, derivative or preparation of opium or opiate;
(2) any salt, compound, isomer, derivative or preparation that is a chemical equivalent of any of the substances referred to in Paragraph (1) of this subsection, except the isoquinoline alkaloids of opium;
(3) opium poppy and poppy straw, including all parts of the plant of the species Papaver somniferum L. except its seeds; or
(4) coca leaves and any salt, compound, derivative or preparation of coca leaves, any salt, compound, isomer, derivative or preparation that is a chemical equivalent of any of these substances except decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine;
P. "opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. "Opiate" does not include, unless specifically designated as controlled under Section 30-31-5 NMSA 1978, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). "Opiate" does include its racemic and levorotatory forms;
Q. "person" means an individual, partnership, corporation, association, institution, political subdivision, government agency or other legal entity;
R. "practitioner" means a physician, doctor of oriental medicine, dentist, physician assistant, certified nurse practitioner, clinical nurse specialist, certified nurse-midwife, prescribing psychologist, veterinarian or other person licensed or certified to prescribe and administer drugs that are subject to the Controlled Substances Act;
S. "prescription" means an order given
individually for the person for whom is prescribed a
controlled substance, either directly from the prescriber to
the pharmacist or indirectly by means of a written order
signed by the prescriber, in accordance with the Controlled
Substances Act or [regulations] rules adopted thereto;
T. "scientific investigator" means a person registered to conduct research with controlled substances in the course of his professional practice or research and includes analytical laboratories;
U. "ultimate user" means a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household or for administering to an animal under the care, custody and control of the person or by a member of his household;
V. "drug paraphernalia" means all equipment, products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance or controlled substance analog in violation of the Controlled Substances Act. It includes:
(1) kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting any species of plant that is a controlled substance or controlled substance analog or from which a controlled substance can be derived;
(2) kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances or controlled substance analogs;
(3) isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant that is a controlled substance;
(4) testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances or controlled substance analogs;
(5) scales or balances used, intended for use or designed for use in weighing or measuring controlled substances or controlled substance analogs;
(6) diluents and adulterants, such as quinine hydrochloride, mannitol, mannite dextrose and lactose, used, intended for use or designed for use in cutting controlled substances or controlled substance analogs;
(7) separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning and refining, marijuana;
(8) blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances or controlled substance analogs;
(9) capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances or controlled substance analogs;
(10) containers and other objects used, intended for use or designed for use in storing or concealing controlled substances or controlled substance analogs;
(11) hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances or controlled substance analogs into the human body;
(12) objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
(a) metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;
(b) water pipes;
(c) carburetion tubes and devices;
(d) smoking and carburetion masks;
(e) roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small to hold in the hand;
(f) miniature cocaine spoons and cocaine vials;
(g) chamber pipes;
(h) carburetor pipes;
(i) electric pipes;
(j) air-driven pipes;
(k) chilams;
(l) bongs; or
(m) ice pipes or chillers; and
(13) in determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
(a) statements by the owner or by anyone in control of the object concerning its use;
(b) the proximity of the object, in time and space, to a direct violation of the Controlled Substances Act or any other law relating to controlled substances or controlled substance analogs;
(c) the proximity of the object to controlled substances or controlled substance analogs;
(d) the existence of any residue of a controlled substance or controlled substance analog on the object;
(e) instructions, written or oral, provided with the object concerning its use;
(f) descriptive materials accompanying the object that explain or depict its use;
(g) the manner in which the object is displayed for sale; and
(h) expert testimony concerning its use;
W. "controlled substance analog" means a substance other than a controlled substance that has a chemical structure substantially similar to that of a controlled substance in Schedule I, II, III, IV or V or that was specifically designed to produce effects substantially similar to that of controlled substances in Schedule I, II, III, IV or V. Examples of chemical classes in which controlled substance analogs are found include the following:
(1) phenethylamines;
(2) N-substituted piperidines;
(3) morphinans;
(4) ecgonines;
(5) quinazolinones;
(6) substituted indoles; and
(7) arylcycloalkylamines.
Specifically excluded from the definition of "controlled substance analog" are those substances that are generally recognized as safe and effective within the meaning of the Federal Food, Drug and Cosmetic Act or have been manufactured, distributed or possessed in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of Section 505 of the Federal Food, Drug and Cosmetic Act;
X. "human consumption" includes application, injection, inhalation, ingestion or any other manner of introduction; and
Y. "drug-free school zone" means a public school or property that is used for public school purposes and the area within one thousand feet of the school property line, but it does not mean any post-secondary school."
Section 3. Section 61-3-3 NMSA 1978 (being Laws 1991, Chapter 190, Section 2, as amended) is amended to read:
"61-3-3. DEFINITIONS.--As used in the Nursing Practice Act:
A. "advanced practice" means the practice of professional registered nursing by a registered nurse who has been prepared through additional formal education as provided in Sections 61-3-23.2 through 61-3-23.4 NMSA 1978 to function beyond the scope of practice of professional registered nursing, including certified nurse practitioners, certified registered nurse anesthetists and clinical nurse specialists;
B. "board" means the board of nursing;
C. "certified nurse practitioner" means a registered nurse who is licensed by the board for advanced practice as a certified nurse practitioner and whose name and pertinent information are entered on the list of certified nurse practitioners maintained by the board;
D. "certified registered nurse anesthetist" means a registered nurse who is licensed by the board for advanced practice as a certified registered nurse anesthetist and whose name and pertinent information are entered on the list of certified registered nurse anesthetists maintained by the board;
E. "clinical nurse specialist" means a registered nurse who is licensed by the board for advanced practice as a clinical nurse specialist and whose name and pertinent information are entered on the list of clinical nurse specialists maintained by the board;
F. "collaboration" means the cooperative working relationship with another health care provider in the provision of patient care, and such collaborative practice includes the discussion of patient diagnosis and cooperation in the management and delivery of health care;
G. "licensed practical nurse" means a nurse who practices licensed practical nursing and whose name and pertinent information are entered in the register of licensed practical nurses maintained by the board;
H. "licensed practical nursing" means the practice
of a directed scope of nursing requiring basic knowledge of
the biological, physical, social and behavioral sciences and
nursing procedures, which practice is at the direction of a
registered nurse, physician, prescribing psychologist or
dentist licensed to practice in this state. This practice
includes [but is not limited to]:
(1) contributing to the assessment of the health status of individuals, families and communities;
(2) participating in the development and modification of the plan of care;
(3) implementing appropriate aspects of the plan of care commensurate with education and verified competence;
(4) collaborating with other health care professionals in the management of health care; and
(5) participating in the evaluation of responses to interventions;
I. "nursing diagnosis" means a clinical judgment about individual, family or community responses to actual or potential health problems or life processes, which judgment provides a basis for the selection of nursing interventions to achieve outcomes for which the person making the judgment is accountable;
J. "practice of nursing" means assisting
individuals, families or communities in maintaining or
attaining optimal health, assessing and implementing a plan of
care to accomplish defined goals and evaluating responses to
care and treatment. This practice is based on specialized
knowledge, judgment and nursing skills acquired through
educational preparation in nursing and in the biological,
physical, social and behavioral sciences and includes [but is
not limited to]:
(1) initiating and maintaining comfort measures;
(2) promoting and supporting optimal human functions and responses;
(3) establishing an environment conducive to well-being or to the support of a dignified death;
(4) collaborating on the health care regimen;
(5) administering medications and performing
treatments prescribed by a person authorized in this state or in any other state in the United States to prescribe them;
(6) recording and reporting nursing observations, assessments, interventions and responses to health care;
(7) providing counseling and health teaching;
(8) delegating and supervising nursing interventions that may be performed safely by others and are not in conflict with the Nursing Practice Act; and
(9) maintaining accountability for safe and effective nursing care;
K. "professional registered nursing" means the
practice of the full scope of nursing requiring substantial
knowledge of the biological, physical, social and behavioral
sciences and of nursing theory and may include advanced
practice pursuant to the Nursing Practice Act. This practice
includes [but is not limited to]:
(1) assessing the health status of individuals, families and communities;
(2) establishing a nursing diagnosis;
(3) establishing goals to meet identified health care needs;
(4) developing a plan of care;
(5) determining nursing intervention to implement the plan of care;
(6) implementing the plan of care commensurate with education and verified competence;
(7) evaluating responses to interventions;
(8) teaching based on the theory and practice of nursing;
(9) managing and supervising the practice of nursing;
(10) collaborating with other health care
professionals in the management of health care; and
(11) conducting nursing research;
L. "registered nurse" means a nurse who practices professional registered nursing and whose name and pertinent information are entered in the register of licensed registered nurses maintained by the board; and
M. "scope of practice" means the parameters within which nurses practice based upon education, experience, licensure, certification and expertise."
Section 4. Section 61-3-23.2 NMSA 1978 (being Laws 1991, Chapter 190, Section 14, as amended) is amended to read:
"61-3-23.2. CERTIFIED NURSE PRACTITIONER--QUALIFICATIONS--PRACTICE--EXAMINATION.--
A. The board may license for advanced practice as a certified nurse practitioner an applicant who furnishes evidence satisfactory to the board that the applicant:
(1) is a registered nurse;
(2) has successfully completed a graduate program for the education and preparation of nurse practitioners; provided that if the applicant is initially licensed by the board or a board in another jurisdiction after January 1, 2001, the program shall be at the master's level or higher;
(3) has successfully completed the national certifying examination in the applicant's specialty area; and
(4) is certified by a national nursing organization.
B. Certified nurse practitioners may:
(1) perform an advanced practice that is beyond the scope of practice of professional registered nursing; and
(2) make independent decisions regarding
health care needs of the individual, family or community and
carry out health regimens, including the prescription and
[distributing] distribution of dangerous drugs, including
controlled substances included in Schedules II through V of
the Controlled Substances Act.
C. Certified nurse practitioners who have fulfilled requirements for prescriptive authority may prescribe in accordance with rules, regulations, guidelines and formularies for individual certified nurse practitioners promulgated by the board. As used in this subsection, "prescriptive authority" means the ability of the certified nurse practitioner to practice independently, serve as a primary health care provider and as necessary collaborate with licensed medical doctors, osteopathic physicians, prescribing psychologists or podiatrists.
D. Certified nurse practitioners who have fulfilled requirements for prescriptive authority may distribute to their patients dangerous drugs, including controlled substances included in Schedules II through V of the Controlled Substances Act, that have been prepared, packaged or fabricated by a registered pharmacist or doses of drugs that have been prepackaged by a pharmaceutical manufacturer in accordance with the Pharmacy Act and the New Mexico Drug, Device and Cosmetic Act.
E. Certified nurse practitioners licensed by the board on and after December 2, 1985 shall successfully complete a national certifying examination and shall maintain national professional certification in their specialty area. Certified nurse practitioners licensed by a board prior to December 2, 1985 are not required to sit for a national certification examination or be certified by a national organization."
Section 5. Section 61-9-1 NMSA 1978 (being Laws 1963, Chapter 92, Section 1) is amended to read:
"61-9-1. SHORT TITLE.--[This act] Chapter 61, Article 9
NMSA 1978 may be cited as the "Professional Psychologist
Act"."
Section 6. Section 61-9-3 NMSA 1978 (being Laws 1963, Chapter 92, Section 3, as amended) is amended to read:
"61-9-3. DEFINITIONS.--As used in the Professional Psychologist Act:
A. "board" means the New Mexico state board of psychologist examiners;
B. "person" includes an individual, firm, partnership, association or corporation;
C. "psychologist" means [any] a person who engages
in the practice of psychology or holds himself out to the
public by any title or description of services representing
himself as a psychologist [which] that incorporates the words
"psychological", "psychologist", "psychology" or when a person
describes himself as [above] such and, under such title or
description, offers to render or renders services involving
the application of principles, methods and procedures of the
science and profession of psychology to persons for
compensation or other personal gain;
D. "psychotropic medication" means a controlled substance or dangerous drug that may not be dispensed or administered without a prescription and whose primary indication for use has been approved by the federal food and drug administration for the treatment of mental disorders and is listed as a psychotherapeutic agent in drug facts and comparisons or the American hospital formulary service;
[D.] E. "practice of psychology" means the
observation, description, evaluation, interpretation and
modification of human behavior by the application of
psychological principles, methods and procedures for the
purpose of preventing or eliminating symptomatic, maladaptive
or undesired behavior and of enhancing interpersonal
relationships, work and life adjustment, personal
effectiveness, behavioral health and mental health, and
further means the rendering of such psychological services to
[individuals] persons, families or groups regardless of
whether payment is received for services rendered. The
practice of psychology includes psychological testing or
neuropsychological testing and the evaluation or assessment of
personal characteristics such as intelligence, personality,
abilities, interests, aptitudes and neuropsychological
functioning; counseling, psychoanalysis, psychotherapy,
hypnosis, biofeedback, behavior analysis and therapy;
diagnosis and treatment of any mental and emotional disorder
or disability, alcoholism and substance abuse, disorders of
habit or conduct and the psychological aspects of physical
illness, accident, injury and disability; and
psychoeducational evaluation, therapy, remediation and
consultation; [and]
F. "prescribing psychologist" means a doctoral-level psychologist who holds a certificate issued by the board that has not been suspended or revoked that allows the holder to prescribe psychotropic medication; and
[E.] G. "school" or "college" means [any] a
university or other institution of higher education that is
regionally accredited and that offers a full-time graduate
course of study in psychology as defined by rule of the board
or that is approved by the American psychological
association."
Section 7. Section 61-9-17 NMSA 1978 (being Laws 1963, Chapter 92, Section 16, as amended) is amended to read:
"61-9-17. DRUGS--[MEDICINES] LIMITATIONS--PRESCRIBING
PSYCHOLOGISTS.--[Nothing in the Professional Psychologist Act
shall be construed as permitting]
A. Except as provided in Subsection B of this
section, psychologists or psychologist associates [licensed
under the Professional Psychologist Act to] shall not
administer or prescribe drugs or medicine or in any manner
engage in the practice of medicine as defined by the laws of
this state.
B. Prescribing psychologists may administer and prescribe psychotropic medication within the recognized scope of the profession, including the ordering and review of laboratory tests in conjunction with the prescription, for the treatment of mental disorders.
C. When prescribing psychotropic medication for a patient, the prescribing psychologist shall maintain an ongoing collaborative relationship with the health care practitioner 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 is discussed. If the patient does not have a health care practitioner, the prescribing psychologist shall refer the patient to a health care practitioner for a physical assessment prior to prescribing psychotropic medication. If the prescribing psychologist and the health care practitioner cannot agree on an appropriate psychotropic medication regimen that meets the patient's physical and psychological needs, the prescribing psychologist shall not prescribe for the patient.
D. For the purpose of this section:
(1) "collaborative relationship" means a cooperative working relationship between a prescribing psychologist and a health care practitioner in the provision of patient care, including diagnosis and cooperation in the management and delivery of physical and mental health care; and
(2) "health care practitioner" means a physician, osteopathic physician or nurse practitioner."
Section 8. A new section of the Professional Psychologist Act is enacted to read:
"[NEW MATERIAL] PRESCRIBING PSYCHOLOGISTS--CERTIFICATION--APPLICATION--RENEWAL--DENIAL, SUSPENSION OR REVOCATION.--
A. The board may adopt and promulgate rules for the certification of prescribing psychologists to prescribe and dispense psychotropic medication, order laboratory tests and perform examinations as needed for the safe administration of psychotropic medication. The rules shall include the following requirements:
(1) successful completion of pharmacological training from an institution of higher education approved by the board or from a provider of continuing education approved by the board; and
(2) passage of a national certification examination approved by the board that tests the applicant's knowledge of pharmacology in the diagnosis, care and treatment of mental disorders.
B. A psychologist who applies for certification as a prescribing psychologist shall demonstrate by evidence satisfactory to the board that the applicant:
(1) has completed a doctoral program in psychology from an accredited institution of higher education or professional school or, if the program was not accredited at the time of graduation by the applicant, the program meets recognized acceptable professional standards as determined by the board;
(2) holds a current license to practice psychology in New Mexico;
(3) has completed an organized program of education of intensive didactic instruction of no fewer than three hundred credit hours in psychopharmacology as defined by the board within five years immediately preceding the date of application, which program consisted of at least the following core areas of instruction:
(a) neuroscience;
(b) pharmacology;
(c) psychopharmacology;
(d) physiology;
(e) pathophysiology;
(f) appropriate and relevant physical and laboratory assessment; and
(g) clinical pharmacotherapeutics;
(4) has completed, within five years immediately preceding the date of application, supervised and relevant clinical experience of no less than an eighty-hour practicum in clinical assessment and pathophysiology and an additional practicum of at least four hundred hours treating no less than one hundred patients with mental disorders as defined by the board under the direction of qualified health care practitioners as determined by the board sufficient to attain competency in the treatment of a diverse patient population;
(5) has passed a certifying examination approved by the board; and
(6) shows satisfactory evidence of malpractice insurance.
C. The board may waive the coursework for an applicant who has comparable prescriptive authority under another license or who has completed the department of defense psychopharmacology demonstration project.
D. The board shall provide by rule for the method of certification as a prescribing psychologist at the time of or in conjunction with the renewal of licenses. The rule shall provide continuing education requirements of no fewer than twenty hours each year for prescribing psychologists.
E. The board shall provide by rule the grounds upon which certification may be denied, suspended or revoked, including failure to maintain malpractice insurance. Suspension or revocation of a certificate may result in the suspension or revocation of a license to practice psychology, as determined by the board. Denial, suspension or revocation, shall be in accordance with the Uniform Licensing Act."
Section 9. A new section of the Professional Psychologist Act is enacted to read:
"[NEW MATERIAL] PRESCRIBING PRACTICES.--
A. A prescription written by a prescribing psychologist shall:
(1) comply with applicable state and federal laws;
(2) be identified as issued by the psychologist as "psychologist certified to prescribe"; and
(3) include the prescribing psychologist's board-assigned identification number.
B. A prescribing psychologist shall not delegate prescriptive authority to any other person. Records of all prescriptions shall be maintained in patient records.
C. When authorized to prescribe controlled substances, a prescribing psychologist shall file with the board in a timely manner all individual federal drug enforcement agency registrations and numbers. The board shall maintain current records on every prescribing psychologist, including federal registrations and numbers.
D. The board shall provide to the board of pharmacy an annual list of prescribing psychologists that contains the information agreed upon. The board shall promptly notify the board of pharmacy of prescribing psychologists who are added or deleted from the list."
Section 10. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.