NM Stat § 61-9-17.1 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 9 - Psychologists|Section 61-9-17.1 - Conditional prescription certificate; prescription certificate; application; requirements; rulemaking by board; issuance, denial, renewal and revocation of certification. (Repealed effective July 1, 2028.)

A. A psychologist may apply to the board for a conditional prescription certificate. The application shall be made on a form approved by the board and be accompanied 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 the applicant's graduation, that the program meets professional standards determined acceptable by the board; (2) holds a current license to practice psychology in New Mexico; (3) has successfully completed pharmacological training from an institution of higher education approved by the board and the New Mexico medical board or from a provider of continuing education approved by the board and the New Mexico medical board; (4) has passed a national certification examination approved by the board and the New Mexico medical board that tests the applicant's knowledge of pharmacology in the diagnosis, care and treatment of mental disorders; (5) within the five years immediately preceding the date of application, has successfully completed an organized program of education approved by the board and the New Mexico medical board and consisting of didactic instruction of no fewer than four hundred fifty classroom hours in 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; (6) within the five years immediately preceding the date of application, has been certified by each of the applicant's supervising independently licensed prescribing clinicians as having successfully completed a supervised and relevant clinical experience, approved by the board and the New Mexico medical board, of: (a) no less than an eighty-hour practicum in clinical assessment and pathophysiology under the supervision of an independently licensed prescribing physician; and (b) an additional supervised practicum of at least four hundred hours treating no fewer than one hundred patients with mental disorders, the practica to have been supervised by any one or a combination of a psychiatrist or other appropriately trained independently licensed prescribing physician and determined by the board and the New Mexico medical board to be sufficient to competently train the applicant in the treatment of a diverse patient population. One-to-one supervision shall be provided either face-to-face, telephonically or by video conference; (7) has malpractice insurance in place, sufficient to satisfy the rules adopted by the board and the New Mexico medical board, that will cover the applicant during the period the conditional prescription certificate is in effect; and (8) meets all other requirements, as determined by rule of the board, for obtaining a conditional prescription certificate. B. The board shall issue a conditional prescription certificate if it finds that the applicant has met the requirements of Subsection A of this section. The certificate shall be valid for a period of two years, at the end of which the holder may again apply pursuant to the provisions of Subsection A of this section. A psychologist with a conditional prescription certificate may prescribe psychotropic medication under the supervision of a supervising clinician subject to the following conditions: (1) the psychologist shall continue to hold a current license to practice psychology in New Mexico and continue to maintain malpractice insurance; (2) the psychologist shall notify the board of the name of the psychologist's supervising clinician; and (3) a supervising clinician shall notify the supervising clinician's own licensing board of the name of each psychologist under the supervising clinician's supervision. C. A supervising clinician shall not be liable for the acts of a psychologist under the supervising clinician's supervision unless the injury or loss arises from those acts under the direction and control of the supervising clinician. D. A psychologist may apply to the board for a prescription certificate. The application shall be made on a form approved by the board and be accompanied by evidence satisfactory to the board that the applicant: (1) has been issued a conditional prescription certificate and has successfully completed two years of prescribing psychotropic medication as certified by the supervising clinician; (2) has successfully undergone a process of independent peer review approved by the board and the New Mexico medical board; (3) holds a current license to practice psychology in New Mexico; (4) has malpractice insurance in place, sufficient to satisfy the rules adopted by the board, that will cover the applicant as a prescribing psychologist; and (5) meets all other requirements, as determined by rule of the board, for obtaining a prescription certificate. E. The board shall issue a prescription certificate if it finds that the applicant has met the requirements of Subsection D of this section. A psychologist with a prescription certificate may prescribe psychotropic medication pursuant to the provisions of the Professional Psychologist Act if the psychologist: (1) continues to hold a current license to practice psychology in New Mexico and continues to maintain malpractice insurance; and (2) annually satisfies the continuing education requirements for prescribing psychologists, as set by the board, which shall be no fewer than twenty hours each year. F. The board shall promulgate rules providing for the procedures to be followed in obtaining a conditional prescription certificate, a prescription certificate and renewals of a prescription certificate. The board may set reasonable application and renewal fees. G. The board shall promulgate rules establishing the grounds for denial, suspension or revocation of conditional prescription certificates and prescription certificates authorized to be issued pursuant to this section, including a provision for suspension or revocation of a license to practice psychology upon suspension or revocation of a certificate. Actions of denial, suspension or revocation of a certificate shall be in accordance with the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978].History: Laws 2002, ch. 100, § 6; 2019, ch. 19, § 5. ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-9-19 NMSA 1978. The 2019 amendment, effective February 4, 2019, revised the requirements for applicants applying to the New Mexico state board of psychologist examiners for a conditional prescription certificate, revised the conditions under which a psychologist with a conditional prescription certificate may prescribe psychotropic medication, added a liability provision for supervising clinicians; substituted "medical board" for "board of medical examiners" throughout; in Paragraph A(6), after "certified by", added "each of", and after "applicant's supervising", deleted "psychiatrist or physician" and added "independently licensed prescribing clinicians", in Subparagraph A(6)(a), after "pathophysiology", added "under the supervision of an independently licensed prescribing physician", in Subparagraph A(6)(b), after "supervised by", added "any one or a combination of", after "appropriately trained", added "independently licensed prescribing", and added the last sentence; in Subsection B, after "under the supervision of a", deleted "licensed physician" and added "supervising clinician", deleted former Paragraphs B(2) and B(3) and added new Paragraphs B(2) and B(3); added a new Subsection C and redesignated former Subsections C through F as Subsections D through G, respectively; and in Paragraph D(1), after "supervising", deleted "licensed physician" and added "clinician".