HOUSE BILL 463

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Edward C. Sandoval

AN ACT

RELATING TO HEALTH; AUTHORIZING PROFESSIONAL PSYCHOLOGISTS TO PRESCRIBE MEDICATIONS IN CERTAIN CIRCUMSTANCES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. 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. "conditional prescription certificate" means a document issued by the board to a licensed psychologist that permits the holder to prescribe psychotropic medication under the supervision of a licensed physician pursuant to the Professional Psychologist Act;

          C. "person" includes an individual, firm, partnership, association or corporation;

          D. "prescribing psychologist" means a licensed psychologist who holds a valid prescription certificate;

          E. "prescription certificate" means a document issued by the board to a licensed psychologist that permits the holder to prescribe psychotropic medication pursuant to the Professional Psychologist Act;

          F. "psychotropic medication" means a controlled substance or dangerous drug that may not be dispensed or administered without a prescription, and is recognized and customarily used by qualified practitioners for the treatment of mental, emotional, behavioral or cognitive disorders or for the management of side effects of such drugs 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] for such usage in drug facts and comparisons or in the American hospital formulary service;

          G. "psychologist" means 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 incorporates the words "psychological", "psychologist", "psychology", or when a person describes himself as above 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;

          H. "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, 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

          I. "school" or "college" means 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."

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