[1] NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

 

Only the most recent FIR version (in HTML & Adobe PDF formats) is available on the Legislative Website.  The Adobe PDF version includes all attachments, whereas the HTML version does not.  Previously issued FIRs and attachments may be obtained from the LFC’s office in Suite 101 of the State Capitol Building North.

 

 

F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Picraux

 

DATE TYPED:

1/30/02

 

HB

305

 

SHORT TITLE:

Prescriptive Authority to Psychologists

 

SB

 

 

 

ANALYST:

J. Sandoval

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY02

FY03

FY02

FY03

 

 

 

NFI

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Duplicates SB 300

Relates to House Bill 170 and Senate Bill 231

 

SOURCES OF INFORMATION

 

LFC Files

 

Responses Received

Health Policy Commission (HPC)

Department of Health (DOH)

 

No Response

Regulation and Licensing Department (RLD)

 

SUMMARY

 

House Bill 305 amends the New Mexico Drug, Device and Cosmetic Act, to include “prescribing psychologist” in the category of practitioner.  The Controlled Substances Act is amended to add “prescribing psychologist” to the definition of practitioner.  The Nursing Practice Act is amended to add “prescribing psychologist” to its definition of licensed practical nursing.  The Professional Psychologist Act is amended to include a “conditional prescription certificate” that would be issued by the Board of Psychology that would permit the holder to prescribe psychotropic medication under the supervision of a licensed physician.  Psychotropic medication is defined as “a controlled substance…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…”.  A new section of the Professional Psychologist Act would be created which defines how a psychologist is trained, supervised, credentialed, and maintains a “conditional prescription certificate”.

 

     Significant Issues

 

According to the Department of Health, this bill would make New Mexico the first state to allow a psychologist to prescribe psychotropic medications after successfully completing pharmacological training from an institution of higher education or from a provider of continuing education approved by the Board.

 

ADMINISTRATIVE IMPLICATIONS

 

The Department of Health would need to work with state and federal governments to create a system of malpractice insurance and reimbursement for the prescribing psychologist. In addition, the issue of certification of programs, which include psychologists prescribing medications for the mentally ill, would need to be addressed.

 

DUPLICATION/RELATIONSHIP

 

House Bill 305 duplicates SB 300 and relates to House Bill 170 and Senate Bill 231.

 

OTHER SUBSTANTIVE ISSUES

 

·       Psychologists who become licensed to prescribe psychotropic drugs may have to seek licensure with the Board of Pharmacy depending on the scope of their practice or if they open a clinic.

·       The New Mexico Health Policy Commission believes this bill may allow hospitals and mental health facilities, particularly in rural areas, more staffing flexibility where recruitment of psychiatrists is difficult and may also bring cost savings to patients.

·       There is currently no mechanism for the New Mexico Board of pharmacy to register psychologists to prescribe psychotropic medication and a review of the Board of Pharmacy regulations will be necessary to implement the provisions of this bill.

 

POSSIBLE QUESTIONS

 

1.     How are the health and safety concerns of complex medical cases assured in this bill?

2.     How would a prescribing psychologist’s training compare to that of a prescribing medical doctor?

3.     Will the required training be sufficient in scope, content and clinical experience to insure the quality of care that is currently provided by other practitioners with prescribing authority?

4.     Will Psychologist trained in prescribing psychotropic medication increase accessibility to mental health care?

5.     Will there be significant cost savings to New Mexico residents?

6.     Will there be more options for patients in rural areas or areas where physician shortage exists?

 

JFS/prr:ar

 [1]Begin typing on the * in replace mode.  Do not add or delete spaces.