Bill Text For HB1173 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 60th Legislature (2025)                |
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 3|HOUSE BILL 1173                      By: Stark                         |
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 7|                            AS INTRODUCED                              |
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 8|       An Act relating to practice of psychology; defining             |
  |       terms; allowing licensed psychologist to prescribe              |
 9|       psychotropic drugs under certain conditions;                    |
  |       providing for application for conditional                       |
10|       prescription certificate; stating application                   |
  |       criteria; providing for issuance of, expiration of,             |
11|       and reapplication for certificate; listing conditions           |
  |       under which licensed psychologist may prescribe                 |
12|       psychotropic drugs under conditional prescription               |
  |       certificate; providing certain immunity; providing              |
13|       for application for prescription certificate; stating           |
  |       application criteria; listing conditions under which            |
14|       licensed psychologist may prescribe psychotropic                |
  |       drugs under prescription certificate; directing                 |
15|       promulgation of rules; providing for codification;              |
  |       and providing an effective date.                                |
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19|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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20|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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21|in the Oklahoma Statutes as Section 1371.1 of Title 59, unless there   |
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22|is created a duplication in numbering, reads as follows:               |
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23|    As used in this act:                                               |
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   Req. No. 12151                                                  Page 1
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 1|    1.  "Board" means, unless otherwise explicitly stated, the State   |
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 2|Board of Examiners of Psychologists;                                   |
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 3|    2.  "Conditional prescription certificate" means a document        |
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 4|issued by the State Board of Examiners of Psychologists to a           |
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 5|licensed psychologist who has met requirements for said certificate    |
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 6|that permits the holder to prescribe psychotropic medication under     |
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 7|the supervision of a supervising physician;                            |
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 8|    3.  "Prescription certificate" means a document issued by the      |
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 9|State Board of Examiners of Psychologists to a licensed psychologist   |
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10|that permits the holder to prescribe psychotropic medication after     |
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11|met requirements;                                                      |
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12|    4.  "Psychologist" has the same meaning as provided in Section     |
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13|1352 of Title 59 of the Oklahoma Statutes;                             |
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14|    5.  "Psychotropic medication" means a controlled substance or      |
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15|drug that may not be dispensed or administered without a               |
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16|prescription and whose primary use has been approved by the federal    |
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17|Food and Drug Administration for the treatment of mental disorders     |
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18|or is listed as a psychotherapeutic agent in Drug Facts and            |
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19|Comparisons 2017, or the most recent edition of that book, or in       |
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20|American Hospital Formulary Service Drug Information, and includes     |
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21|antidepressants, antianxiety medications, stimulants,                  |
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22|antipsychotics, and mood stabilizers; and                              |
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   Req. No. 12151                                                  Page 2
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 1|    6.  "Supervising physician" means a licensed allopathic            |
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 2|physician or osteopathic physician who is supervising a psychologist   |
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 3|in the prescribing of psychotropic medication.                         |
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 4|    SECTION 2.     NEW LAW     A new section of law to be codified     |
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 5|in the Oklahoma Statutes as Section 1371.2 of Title 59, unless there   |
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 6|is created a duplication in numbering, reads as follows:               |
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 7|    A.  A licensed psychologist holding a conditional prescription     |
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 8|certificate may prescribe psychotropic medication under the            |
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 9|supervision of a supervising physician.                                |
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10|    B.  A licensed psychologist holding a prescription certificate     |
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11|may prescribe psychotropic medication independent of the supervision   |
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12|of a supervising physician.                                            |
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13|    SECTION 3.     NEW LAW     A new section of law to be codified     |
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14|in the Oklahoma Statutes as Section 1371.3 of Title 59, unless there   |
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15|is created a duplication in numbering, reads as follows:               |
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16|    A.  A psychologist may apply to the State Board of Examiners of    |
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17|Psychologists for a conditional prescription certificate.  The         |
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18|application shall be made on a form approved by the Board and be       |
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19|accompanied by evidence satisfactory to the Board that the             |
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20|applicant:                                                             |
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21|    1.  Has completed a doctoral program in psychology from an         |
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22|accredited institution of higher education or professional school,     |
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23|or, if the program was not accredited at the time of the applicant's   |
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   Req. No. 12151                                                  Page 3
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 1|graduation, that the program meets professional standards determined   |
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 2|acceptable by the Board;                                               |
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 3|    2.  Holds a current license to practice psychology in this         |
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 4|state;                                                                 |
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 5|    3.  Has successfully completed a postdoctoral master of science    |
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 6|degree in psychopharmacology from an institution of higher education   |
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 7|approved by the State Board of Examiners of Psychologists, the State   |
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 8|Board of Medical Licensure and Supervision, and the State Board of     |
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 9|Osteopathic Examiners;                                                 |
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10|    4.  Has passed a national certification examination approved by    |
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11|the State Board of Examiners of Psychologists, the State Board of      |
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12|Medical Licensure and Supervision, and the State Board of              |
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13|Osteopathic Examiners that tests the applicant's knowledge of          |
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14|pharmacology in the diagnosis, care, and treatment of mental           |
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15|disorders;                                                             |
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16|    5.  Within the five (5) years immediately preceding the date of    |
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17|application, has successfully completed an organized program of        |
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18|education approved by the State Board of Examiners of Psychologists,   |
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19|the State Board of Medical Licensure and Supervision, and the State    |
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20|Board of Osteopathic Examiners which included didactic instruction     |
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21|of no fewer than four hundred fifty (450) classroom hours in at        |
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22|least the following core areas of instruction:                         |
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23|         a.    neuroscience,                                           |
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24|         b.    pharmacology,                                           |
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   Req. No. 12151                                                  Page 4
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 1|         c.    psychopharmacology,                                     |
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 2|         d.    physiology,                                             |
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 3|         e.    pathophysiology,                                        |
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 4|         f.    appropriate and relevant physical and laboratory        |
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 5|              assessment, and                                          |
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 6|         g.    clinical pharmacotherapeutics; or                       |
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 7|    6.  Within the five (5) years immediately preceding the date of    |
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 8|application, has been certified by each of the applicant's             |
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 9|supervising physicians as having successfully completed a supervised   |
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10|and relevant clinical experience, approved by the State Board of       |
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11|Examiners of Psychologists, the State Board of Medical Licensure and   |
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12|Supervision, and the State Board of Osteopathic Examiners, of:         |
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13|         a.    no less than an eighty-hour practicum in clinical       |
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14|              assessment and pathophysiology under the supervision     |
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15|              of a licensed allopathic or osteopathic physician, and   |
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16|         b.    an additional supervised practicum of at least four     |
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17|              hundred (400) hours treating no fewer than one hundred   |
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18|              patients with mental disorders.  The practicum to have   |
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19|              been supervised one-to-one by any one or a combination   |
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20|              of a psychiatrist or other appropriately trained         |
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21|              licensed allopathic or osteopathic physician and         |
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22|              determined by the State Board of Examiners of            |
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23|              Psychologists, the State Board of Medical Licensure      |
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24|              and Supervision, and the State Board of Osteopathic      |
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   Req. No. 12151                                                  Page 5
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 1|              Examiners to be sufficient to competently train the      |
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 2|              applicant in the treatment of a diverse patient          |
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 3|              population.  One-to-one supervision shall be provided    |
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 4|              either face-to-face, telephonically, or by               |
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 5|              videoconference.                                         |
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 6|    B.  The State Board of Examiners of Psychologists shall issue a    |
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 7|conditional prescription certificate if it finds that the applicant    |
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 8|has met the requirements of subsection A of this section.  The         |
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 9|certificate shall be valid for a period of two (2) years, at the end   |
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10|of which the holder may again apply pursuant to the provisions of      |
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11|subsection A of this section.                                          |
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12|    C.  A psychologist with a conditional prescription certificate     |
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13|may prescribe psychotropic medication under the supervision of a       |
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14|supervising physician subject to the following conditions:             |
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15|    1.  The psychologist shall continue to hold a current license to   |
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16|practice psychology in this state and shall maintain malpractice       |
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17|insurance in accordance with rules prescribed by the Board;            |
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18|    2.  The psychologist shall notify the Board of the name of the     |
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19|psychologist's supervising physician; and                              |
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20|    3.  A supervising physician shall notify the supervising           |
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21|physician's own licensing board of the name of each psychologist       |
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22|under the supervising physician's supervision.                         |
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23|    D.  A supervising physician shall not be liable for the acts of    |
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24|a psychologist under the supervising physician's supervision unless    |
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   Req. No. 12151                                                  Page 6
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 1|an injury or loss arises from those acts under the direction and       |
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 2|control of the supervising physician.                                  |
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 3|    SECTION 4.  This act shall become effective November 1, 2025.      |
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 5|    60-1-12151     TKR    01/07/25                                     |
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   Req. No. 12151                                                  Page 7
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