2007 Regular Session
To: Public Health and Welfare
By: Senator(s) Thames
AN ACT TO CODIFY SECTIONS 73-31-33 THROUGH 73-31-45, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE MISSISSIPPI BOARD OF PSYCHOLOGY TO ISSUE PRESCRIPTION PRIVILEGES FOR APPROPRIATELY TRAINED PSYCHOLOGISTS, TO PRESCRIBE EDUCATIONAL QUALIFICATIONS FOR SUCH PRESCRIPTION PRIVILEGES, TO DEFINE THE TERM "MEDICAL PSYCHOLOGIST" AND REQUIRE SUCH LICENSEES TO COORDINATE WITH THE PATIENT'S PHYSICIAN WHEN PRESCRIBING MEDICATION AND TO LIMIT THE PRESCRIPTIVE AUTHORITY TO MEDICATIONS FOR NERVOUS AND MENTAL HEALTH DISORDERS; TO AMEND SECTION 73-31-9, MISSISSIPPI CODE OF 1972, TO PRESCRIBE FEES FOR THE ISSUANCE OF SUCH CERTIFICATES; TO AMEND SECTIONS 73-31-21 AND 73-31-23, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR DISCIPLINARY ACTION AND CRIMINAL PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following provision shall be codified as Section 73-31-33, Mississippi Code of 1972:
73-31-33. As used in Sections 73-31-33 through 73-31-45, the following terms shall be defined as follows:
(a) "Board" shall mean the Mississippi Board of Psychology.
(b) "Certificate of prescriptive authority" shall mean a certificate issued by the board which grants a medical psychologist the authority to prescribe and to distribute, without charge, drugs and other procedures directly related thereto within the scope of practice of psychology in accordance with rules and regulations adopted by the board.
(c) "Drug" shall mean the same as the term "drug" as defined in Section 73-21-73 (i), including controlled substances except narcotics, but shall be limited to only those agents related to the diagnosis and treatment of mental and emotional disorders. "Narcotics" are defined as natural and synthetic opioid analgesica, and their derivatives used to relieve pain. Nothing in this act shall be construed to permit a medical psychologist to administer or prescribe a narcotic.
(d) "Medical psychologist" shall mean the psychologist who has undergone specialized training in clinical psychopharmacology and has passed a national proficiency examination in psychopharmacology approved by the board and who holds from the board a current certificate of responsibility.
(e) "Prescription" shall mean an order for a drug or for a device or test directly related to the drug or to the decision to order or to continue or discontinue the order of the drug.
SECTION 2. The following provision shall be codified as Section 73-31-35, Mississippi Code of 1972:
73-31-35. (a) Provide for an application form for examination, certification, and certification renewal.
(b) Develop and implement a procedure to review the educational and training credentials of a psychologist applying for a certificate of prescriptive authority and for renewal of the certificate in accordance with current standards of professional practice.
(c) Issue a certificate of prescriptive authority to any duly qualified medical psychologist and renew the certificate of prescriptive authority of any medical psychologist who is not in violation of any provisions of this act.
(d) Deny, revoke or suspend a certificate of prescriptive authority of any medical psychologist who is found guilty of violating any provisions of Sections 73-31-33 through 73-31-45.
(e) Issue an identification number to be placed on the certificate of prescriptive authority.
(f) Maintain a current roster of every medical psychologist certified to prescribe under Sections 73-31-33 through 73-31-45, including each such medical psychologist's name, last known address, identification number issued by the board, and the Drug Enforcement Agency (DEA) registration and numbers.
(g) Have all other powers necessary to implement the provisions of this act.
SECTION 3. The following provision shall be codified as Section 73-31-37, Mississippi Code of 1972:
73-31-37. The board shall issue a certificate of prescriptive authority to any psychogist who files an application upon a form and in such a manner as the board prescribes, and who furnishes satisfactory evidence to the board that the psychologist meets each of the following requirements:
(a) Holds a current Mississippi license to practice psychology with an applied clinical specialty as defined by the board.
(b) Has successfully graduated with a post-doctoral master's degree in clinical psychopharmacology from a regionally accredited institution or equivalent to the post-doctoral master's degree as approved by the board. The curriculum shall include instruction in anatomy and physiology, biochemistry, neurosciences, pharmacology, psychopharmacology, clinical medicine/pathophysiology and health assessment, including relevant physical and laboratory assessment.
SECTION 4. The following provision shall be codified as Section 73-31-39, Mississippi Code of 1972:
73-31-39. (1) The board shall implement a method for renewal of a certificate of prescriptive authority at the time of, and in conjunction with, the renewal of a medical psychologist's license to practice psychology.
(2) Prior to the date of renewal of a certificate of prescriptive authority, each medical psychologist applying for such renewal shall present satisfactory evidence to the board of having annually completed thirty clock hours of acceptable continuing education, as determined by the board, relevant to the pharmacological treatment of mental and emotional disorders. The continuing education requirements under Sections 73-31-33 through 73-31-45, Mississippi Code of 1972, shall be in addition to any continuing education requirements for licensure renewal.
SECTION 5. The following provision shall be codified as Section 73-31-41, Mississippi Code of 1972:
73-31-41. (1) No medical psychologist shall issue a prescription unless the medical psychologist holds a valid certificate of prescriptive authority.
(2) Each prescription issued by a medical psychologist shall:
(a) Comply with all applicable state and federal laws and regulations.
(b) Be identified as issued by the medical psychologist and shall include the identification number of the medical psychologist.
(3) (a) A medical psychologist holding a valid certificate to prescribe shall prescribe only in consultation and collaboration with the patient's primary or attending physician, and with the concurrence of that physician. The medical psychologist shall also reconsult with the patient's physician prior to making changes in the patient's medication regimen, including dosage adjustments, adding or discontinuing a medication. The medical psychologist and the physician shall document the consultation in the patient's medical record.
(b) In the event a patient does not have a primary or attending physician, the medical psychologist shall not prescribe for that patient.
(4) A medical psychologist shall not delegate the prescribing of a drug to any other individual.
SECTION 6. The following provision shall be codified as Section 73-31-43, Mississippi Code of 1972:
73-31-43. (1) Each medical psychologist shall obtain a Drug Enforcement Agency (DEA) registration and number.
(2) The DEA registration and number shall be filed with the board before the medical psychologist issues a prescription for a controlled substance.
SECTION 7. The following provision shall be codified as Section 73-31-45, Mississippi Code of 1972:
73-31-45. (1) The board shall annually send to the Mississippi Board of Pharmacy, a list of medical psychologists holding valid certificates of prescriptive authority. This list shall contain the following information:
(a) The name and identification number of each medical psychologist.
(b) The effective date for which the certificate of prescriptive authority is valued for each listed medical psychologist.
(2) The board shall promptly notify the Mississippi Board of Pharmacy of the name of any medical psychologist who is added to or deleted from the list of medical psychologists certified to prescribe.
(3) The board shall notify the Mississippi Board of Pharmacy in a timely manner of the revocation, suspension, or reinstatement of any certificate of prescriptive authority.
SECTION 8. Section 73-31-9, Mississippi Code of 1972, is amended as follows:
73-31-9. (1) All fees from applicants seeking licensing under this chapter and all license renewal fees received under this chapter shall be nonrefundable.
(2) The board shall charge an application fee to be determined by the board but not to exceed Three Hundred Dollars ($300.00) to applicants for licensing, and shall charge the applicant for the expenses incurred by the board for examination of the applicant.
(3) Every licensed psychologist in this state shall annually pay to the board a fee determined by the board but not to exceed Three Hundred Dollars ($300.00); and the executive secretary shall thereupon issue a renewal of the license for a term of one (1) year. The license of any psychologist who shall fail to renew during the month of July in each and every year shall lapse; the failure to renew the license, however, shall not deprive said psychologist of the right of renewal thereafter. Such lapsed license may be renewed within a period of two (2) years after such lapse upon payment of all fees in arrears. A psychologist wishing to renew a license which has been lapsed for more than two (2) years shall be required to reapply for licensure.
(4) On July 1, 1993, and every odd numbered year thereafter, no psychologist license shall be renewed unless the psychologist shows evidence of a minimum of twenty (20) clock hours of continuing education activities approved by the board.
(5) The board shall charge a fee for the application and renewal of certificates of prescriptive authority for psychologists under the provisions of Sections 73-31-33 through 45.
(6) All fees and any other monies received by the board shall be deposited in a special fund that is created in the State Treasury and shall be used for the implementation and administration of this chapter when appropriated by the Legislature for such purpose. The monies in the special fund shall be subject to all provisions of the state budget laws that are applicable to special fund agencies, and disbursements from the special fund shall be made by the State Treasurer only upon warrants issued by the State Fiscal Officer upon requisitions signed by the chairman or executive secretary of the board. Any interest earned on this special fund shall be credited by the State Treasurer to the fund and shall not be paid into the State General Fund. Any unexpended monies remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund. The State Auditor shall audit the financial affairs of the board and the transactions involving the special fund at least once a year in the same manner as for other special fund agencies.
This section shall stand repealed from and after July 1, 2011.
SECTION 9. Section 73-31-21, Mississippi Code of 1972, is amended as follows:
73-31-21. (1) The board, by an affirmative vote of at least four (4) of its seven (7) members, shall withhold, deny, revoke or suspend any license issued or applied for in accordance with the provisions of this chapter, or otherwise discipline a licensed psychologist, upon proof that the applicant or licensed psychologist:
(a) Has violated the current code of ethics of the American Psychological Association or other codes of ethical standards adopted by the board; or
(b) Has been convicted of a felony or any offense involving moral turpitude, the record of conviction being conclusive evidence thereof; or
(c) Is using any narcotic or any alcoholic beverage to an extent or in a manner dangerous to any other person or the public, or to an extent that such use impairs his ability to perform the work of a professional psychologist with safety to the public; or
(d) Has impersonated another person holding a psychologist license or allowed another person to use his license; or
(e) Has used fraud or deception in applying for a license or in taking an examination provided for in this chapter; or
(f) Has accepted commissions or rebates or other forms of remuneration for referring clients to other professional persons; or
(g) Has allowed his name or license issued under this chapter to be used in connection with any person or persons who perform psychological services outside of the area of their training, experience or competence; or
(h) Is legally adjudicated mentally incompetent, the record of such adjudication being conclusive evidence thereof; or
(i) Has willfully or negligently violated any of the provisions of Sections 73-31-33 through 73-31-45, Mississippi Code of 1972, relating to the prescription of certain drugs by psychologists; or
(j) Has willfully or negligently violated any of the provisions of this chapter. The board may recover from any person disciplined under this chapter, the costs of investigation, prosecution, and adjudication of the disciplinary action.
(2) Notice shall be effected by registered mail or personal service setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days nor more than sixty (60) days from the date of such mailing or such service, at which time the applicant or licentiate shall be given an opportunity for a prompt and fair hearing. For the purpose of such hearing the board, acting by and through its executive secretary, may subpoena persons and papers on its own behalf and on behalf of the applicant or licentiate, may administer oaths and may take testimony. Such testimony, when properly transcribed, together with such papers and exhibits, shall be admissible in evidence for or against the applicant or licentiate. At such hearing applicant or licentiate may appear by counsel and personally in his own behalf. Any person sworn and examined by a witness in such hearing shall not be held to answer criminally, nor shall any papers or documents produced by such witness be competent evidence in any criminal proceedings against such witness other than for perjury in delivering his evidence. On the basis of any such hearing, or upon default of applicant or licentiate, the board shall make a determination specifying its findings of fact and conclusions of law. A copy of such determination shall be sent by registered mail or served personally upon the applicant or licentiate. The decision of the board denying, revoking or suspending the license shall become final thirty (30) days after so mailed or served unless within said period the licentiate appeals the decision to the chancery court, pursuant to the provisions hereof, and the proceedings in chancery shall be conducted as other matters coming before the court. All proceedings and evidence, together with exhibits, presented at such hearing before the board in the event of appeal shall be admissible in evidence in said court.
(3) The board may subpoena persons and papers on its own behalf and on behalf of the respondent, may administer oaths and may compel the testimony of witnesses. It may issue commissions to take testimony, and testimony so taken and sworn to shall be admissible in evidence for and against the respondent. The board shall be entitled to the assistance of the chancery court or the chancellor in vacation, which, on petition by the board, shall issue ancillary subpoenas and petitions and may punish as for contempt of court in the event of noncompliance therewith.
(4) Every order and judgment of the board shall take effect immediately on its promulgation unless the board in such order or judgment fixes a probationary period for applicant or licentiate. Such order and judgment shall continue in effect unless upon appeal the court by proper order or decree terminates it earlier. The board may make public its order and judgments in such manner and form as it deems proper. It shall, in event of the suspension or revocation of a license, direct the clerk of the circuit court of the county in which that license was recorded to cancel such record.
(5) Nothing in this section shall be construed as limiting or revoking the authority of any court or of any licensing or registering officer or board, other than the Mississippi Board of Psychology, to suspend, revoke and reinstate licenses and to cancel registrations under the provisions of Section 41-29-311.
(6) Suspension by the board of the license of a psychologist shall be for a period not exceeding one (1) year. At the end of this period the board shall reevaluate the suspension, and shall either reinstate or revoke the license. A person whose license has been revoked under the provisions of this section may reapply for license after more than two (2) years have elapsed from the date such denial or revocation is legally effective.
(7) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
(8) This section shall stand repealed from and after July 1, 2011.
SECTION 10. Section 73-31-23, Mississippi Code of 1972, is amended as follows:
73-31-23. (1) It shall be a misdemeanor:
(a) For any person not licensed under this chapter to represent himself as a psychologist or practice psychology in the manner prescribed in Section 73-31-3 of this chapter; or
(b) For any person to represent himself as a psychologist or practice psychology in the manner prescribed in Section 73-31-3 of this chapter during the time that his license as a psychologist shall be suspended or revoked or lapsed; or
(c) For any person to violate the provisions of Sections 73-31-33 through 73-31-45, Mississippi Code of 1972, relating to the prescription of certain drugs by psychologists; or
(d) For any person to otherwise violate the provisions of this chapter.
Such misdemeanor shall be punishable, upon conviction, by imprisonment for not more than sixty (60) days or by a fine of not more than Three Hundred Dollars ($300.00), or by both such fine and imprisonment. Each violation shall be deemed a separate offense. Such misdemeanor shall be prosecuted by the district attorney of the judicial district in which the offense was committed in the name of the people of the State of Mississippi.
(2) Any entity, organization or person, including the board, any member of the board, and its agents or employees, acting in good faith and without malice, who makes any report or information available to the board regarding violation of any of the provisions of this chapter, or who assists in the organization, investigation or preparation of any such report or information or assists the board in carrying out any of its duties or functions provided by law, shall be immune from civil or criminal liability for such acts.
The immunity granted pursuant to the provisions of this subsection shall not apply to and shall not be available to any psychologist who is the subject of any report or information relating to a violation by such psychologist of the provisions of this chapter.
This section shall stand repealed from and after July 1, 2011.
SECTION 11. This act shall take effect and be in force from and after July 1, 2007.