Senate Bill 2351

AN ACT TO AMEND SECTION 73-31-13, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE BOARD OF PSYCHOLOGY TO ISSUE CERTIFICATES OF PRESCRIPTIVE AUTHORITY TO ANY LICENSED PSYCHOLOGIST WHO IS CERTIFIED UNDER THE UNITED STATES DEPARTMENT OF DEFENSE PSYCHOPHARMACOLOGY PROGRAM TO PRESCRIBE DRUGS RELATING TO THE DIAGNOSIS AND TREATMENT OF A MENTAL AND EMOTIONAL DISORDER; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 73-31-13, Mississippi Code of 1972, is amended as follows:

73-31-13. (1) The board shall issue a license as a psychologist to each applicant who shall file an application upon a form and in such manner as the board prescribes, accompanied by such fee as is required by this chapter; and who furnishes evidence satisfactory to the board that he:

(a) Is at least twenty-one (21) years of age; and

(b) Is a citizen of the United States, a Canadian citizen applying for licensure under the terms of a reciprocity agreement, or has declared his intention to become a citizen. A statement by the applicant under oath that he is a citizen, a Canadian citizen applying for licensure under the terms of a reciprocity agreement, or that he intends to apply for citizenship when he becomes eligible to make such application, shall be sufficient proof of compliance with this requirement; and

(d) Is not in violation of any of the provisions of this chapter and the rules and regulations adopted thereunder; and

(e) Holds a doctoral degree in psychology from an institution of higher education that is: regionally accredited by an accrediting body recognized by the U.S. Department of Education, or authorized by Provincial statute or Royal Charter to grant doctoral degrees: and from a program accredited by the American Psychological Association, or the Canadian Psychological Association. For graduates from newly established programs seeking accreditation or in areas where no accreditation exists, applicants for licensure shall have completed a doctoral program in psychology that meets recognized acceptable professional standards as determined by the board. For applicants graduating from doctoral level psychology training programs outside of the United States of America or Canada, applicants for licensure shall have completed a doctoral program in psychology that meets recognized acceptable professional standards as determined by the board; and

(f) Has two (2) years of supervised experience in the same area of emphasis as the academic degree, which includes an internship and one (1) year of supervised postdoctoral experience, that meet the standards of training as defined by the board. Each year (or equivalent) shall be comprised of at least two thousand (2,000) hours of actual work, to include direct service, training and supervisory time. A predoctoral internship may be counted as one (1) of the two (2) years of experience; and

(g) Demonstrates professional knowledge by passing a written (in this statute, the term "written" shall mean either paper and pencil or computer administered or computerized testing) and oral examination in psychology prescribed by the board; except that upon examination of credentials the board may, by unanimous consent, consider these credentials adequate evidence of professional knowledge.

(2) Upon investigation of the application and other evidence submitted, the board shall, not less than thirty (30) days prior to the examination, notify each applicant that the application and evidence submitted is satisfactory and accepted or unsatisfactory and rejected; if rejected, said notice shall state the reasons for such rejection.

(3) The place of examination shall be designated in advance by the board, and such examination shall be given at such time and place and under such supervision as the board may determine. The examination used by the board shall consist of written tests and oral tests, and shall fairly test the applicant's knowledge and application thereof in those areas deemed relevant by the board. These shall include, but not be limited to, the following: history of psychology, statistical methods, experimental design, personality theory and psychology of learning. In addition, the applicant shall be required to demonstrate his knowledge and application thereof in those areas deemed relevant to his specialty and/or those services he intends to offer to the public.

(4) The board shall evaluate the results from both the written and oral examinations. The passing scores for the written and oral examinations shall be established by the board in its rules and regulations. In the event an applicant fails to receive a passing score on the entire examination, he may reapply and shall be allowed to take a subsequent examination. An applicant who has failed two (2) successive examinations by the board may not reapply until after two (2) years from the date of the last examination failed. The board shall keep the written examination scores, and an accurate transcript of the questions and answers relating to the oral examinations, and the grade assigned to each answer thereof, as part of its records for at least two (2) years subsequent to the date of examination.

(5) If any psychologist duly licensed under this chapter shall, by virtue of additional training and experience, become qualified to practice in a specialty other than that for which he was deemed competent at the time of initial licensing, and wishes to offer such service under the provisions of this chapter, he shall at the time of annual renewal of licenses submit additional credentials and be given the opportunity to demonstrate his knowledge and application thereof in areas deemed relevant to his specialty. The board may charge a reasonable fee for evaluating these credentials and the applicant's knowledge.

(6) For purposes of this subsection (6), the term:

(a) "Certificate of prescriptive authority" means a certificate issued by the board which grants a psychologist the authority to prescribe and 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.

(b) "Drug" means the same as the term "drug" as defined in the Pharmacy Practice Act, including a controlled substance, except that it shall be limited to those agents related to the diagnosis and treatment of a mental and emotional disorder.

The State Board of Psychology shall issue a certificate of prescriptive authority to any licensed psychologist who files an application upon a form and in such a manner as the board prescribes, accompanied by such fee as may be authorized by the board, and who furnishes satisfactory evidence to the board that he has successfully completed the United States Department of Defense Psychopharmacology Demonstration Program. A psychologist certified to prescribe shall, for the first twelve (12) months of certification, satisfactorily complete a minimum of six (6) hours per month of practicum training under the direction of a physician licensed to practice medicine in this state, which shall include case discussions and skill training directly related to the psychopharmacological treatment of mental and emotional disorders. Failure to complete the practicum training requirements within the time limit shall result in revocation of the certificate of prescriptive authority. The board shall prescribe a method for renewal of a certificate of prescriptive authority at the time or, in conjunction with, the renewal of a psychologist's license to practice psychology.

(7) This section shall stand repealed from and after July 1, 2011.

Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.

SECTION 2. This act shall take effect and be in force from and after July 1, 2010.