2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 9 - Psychologists › Section 61-9-17.2 - Prescribing practices. (Repealed effective July 1, 2028.)

A. A prescribing psychologist or a psychologist with a conditional prescription certificate may administer and prescribe psychotropic medication within the recognized scope of the profession, including the ordering and review of laboratory tests in conjunction with the prescription, for the treatment of mental disorders.
B. When prescribing psychotropic medication for a patient, the prescribing psychologist or the psychologist with a conditional prescription certificate shall maintain an ongoing collaborative relationship with the health care practitioner who oversees the patient's general medical care to ensure that necessary medical examinations are conducted, the psychotropic medication is appropriate for the patient's medical condition and significant changes in the patient's medical or psychological condition are discussed.
C. The ongoing collaborative relationship shall be maintained pursuant to guidelines developed by the board and the New Mexico medical board, which shall optimize patient care.
D. The guidelines shall ensure that the prescribing psychologist or the psychologist with a conditional prescription certificate and the health care practitioner coordinate, and collaborate on, the care of the patient to provide optimal care. Nothing in this subsection shall require a prescribing psychologist or psychologist with a conditional prescription certificate to give prior notice to or obtain prior approval from a health care practitioner to prescribe psychotropic medication to a patient with whom the prescribing psychologist has established a psychologist-patient relationship; provided that the psychologist provides written notice of the prescription to the health care practitioner within twenty-four hours of its issuance to such patient.
E. A committee composed of members of the board and the New Mexico medical board shall be established and, pursuant to the guidelines, shall evaluate complaints. The committee shall report its findings and recommendations to each board for each board's appropriate actions.
F. A prescription written by a prescribing psychologist or a psychologist with a conditional prescription certificate shall:
(1) comply with applicable state and federal laws;
(2) be identified as issued by the psychologist as "psychologist certified to prescribe"; and
(3) include the psychologist's board-assigned identification number.
G. A prescribing psychologist or a psychologist with a conditional prescription certificate shall not delegate prescriptive authority to any other person. Records of all prescriptions shall be maintained in patient records.
H. When authorized to prescribe controlled substances, a prescribing psychologist or a psychologist with a conditional prescription certificate shall file with the board in a timely manner all individual federal drug enforcement administration registrations and numbers. The board and the New Mexico medical board shall maintain current records on every psychologist, including federal registrations and numbers.
I. The board shall provide to the board of pharmacy and the New Mexico medical board an annual list of prescribing psychologists and psychologists with conditional prescription certificates that contains the information agreed upon between the board, the New Mexico medical board and the board of pharmacy. The board shall promptly notify the board of pharmacy of psychologists who are added to or deleted from the list.
J. For the purpose of this section:
(1) "collaborative relationship" means a cooperative working relationship between a prescribing psychologist or a psychologist with a conditional prescription certificate and a health care practitioner in the provision of patient care, including diagnosis and cooperation in the management and delivery of physical and mental health care; and
(2) "health care practitioner" means a physician, osteopathic physician, nurse practitioner, physician assistant or clinical nurse specialist.
History:
Laws 2002, ch. 100, § 7; 2019, ch. 19, § 6.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-9-19 NMSA 1978.
The 2019 amendment,
effective February 4, 2019, required prescribing psychologists and psychologists with a conditional prescription certificate to provide written notice to health care practitioners within 24 hours of a prescription to a practitioner's patient; substituted "medical board" for "board of medical examiners" throughout; added new subsection designations "C", "D", and "E" and redesignated former Subsections C through G as Subsections F through J, respectively; in Subsection D, after "conditional prescription certificate and the", deleted "treating physician" and added "health care practitioner", and after "to provide optimal care.", added the remainder of the subsection; in Subsection H, after "federal drug enforcement", deleted "agency" and added "administration"; and in Paragraph J(2), after "nurse practitioner", added "physician assistant or clinical nurse specialist".