HB5537 - Relating to the prescriptive authority of certain psychologists; authorizing a fee.

  89R2533 JTZ-D     By: González of El Paso H.B. No. 5537       A BILL TO BE ENTITLED   AN ACT   relating to the prescriptive authority of certain psychologists;   authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.   Section 501.003(a)(1), Occupations Code, is   amended to read as follows:                (1)  "Practice of psychology" means:                      (A)  the observation, description, diagnosis,   evaluation, assessment, interpretation, or treatment of and   intervention in human behavior by applying education, training,   methods, and procedures for the purpose of:                            (i)  preventing, predicting, treating,   remediating, or eliminating:                                  (a)  symptomatic, maladaptive, or   undesired behavior;                                  (b)  emotional, interpersonal,   learning, substance use, neuropsychological, cognitive, or   behavioral disorders or disabilities, including those that   accompany medical problems; or                                  (c)  mental illness;                            (ii)  evaluating, assessing, or   facilitating, by a license holder or a person who represents the   person to the public by a title or description of services that   includes the word "psychological," "psychologist," or   "psychology," the enhancement of individual, group, or   organizational effectiveness, including evaluating, assessing, or   facilitating:                                  (a)  personal effectiveness;                                  (b)  adaptive behavior;                                  (c)  interpersonal relationships;                                  (d)  academic, vocational, and life   adjustment;                                  (e)  health; or                                  (f)  individual, group, or   organizational performance;                            (iii)  providing psychological,   neuropsychological, and psychoeducational evaluation, therapy, and   remediation as well as counseling, psychoanalysis, psychotherapy,   hypnosis, and biofeedback; or                            (iv)  consulting with others, including   other mental health professionals, physicians, school personnel,   or organizations within the scope of the provider's competency and   training with respect to services provided for a specific   individual; [ or ]                      (B)   action taken under the authority granted by a   certificate issued under Subchapter H-1; or                       (C)   the supervision of an activity or service   described by Paragraph (A) or (B) .          SECTION 2.  Section 501.051, Occupations Code, is amended by   amending Subsection (b) and adding Subsection (b-1) to read as   follows:          (b)  To ensure adequate representation on the board of the   diverse fields of psychology, the governor in making appointments   under Subsection (a)(1) shall appoint:                (1)  at least two members who provide psychological   services;                (2)   at least two members who hold certificates issued   under Subchapter H-1;                 (3)   at least one member who conducts research in the   field of psychology; and                 (4)  [ (3) ]  at least one member who teaches as a member   of the faculty of a psychological training institution.           (b-1)     Notwithstanding Subsection (b)(2), a person satisfies   the requirement of that subdivision if the person has completed the   requirements of Sections 501.372(b)(1) and (2), regardless of   whether the person has been issued a certificate under Subchapter   H-1. This subsection expires October 31, 2029.          SECTION 3.  Subchapter D, Chapter 501, Occupations Code, is   amended by adding Section 501.152 to read as follows:           Sec.   501.152.     ADVISORY COMMITTEE ON PRESCRIPTIVE   AUTHORITY. (a) The executive council shall appoint an advisory   committee on prescriptive authority for psychologists.           (a-1)     Effective September 1, 2025, the advisory committee   consists of six members as follows:                 (1)     three members who are psychologists, each of whom   has completed the requirements of Sections 501.372(b)(1) and (2);                 (2)  one member who is a psychiatrist;                 (3)     one member who is a pediatrician or primary care   physician with experience in child and adolescent medicine; and                 (4)  one member who represents the public.           (a-2)     In appointing members under Subsection (a-1)(1), the   executive council shall give preference to psychologists who have   previously been licensed or certified to prescribe drugs in another   jurisdiction.   This subsection and Subsection (a-1) expire   September 1, 2028.           (b)     Effective September 1, 2028, the advisory committee   consists of six members as follows:                 (1)     five members who each hold a certificate issued   under Subchapter H-1; and                 (2)  one member who represents the public.           (c)     A member appointed to represent the public may not have   a significant financial interest, as determined by executive   council rule, in the practice of psychology or prescriptive   authority for psychologists.           (d)     The advisory committee shall make recommendations to   the executive council and board regarding the regulation of   psychologists who hold certificates issued under Subchapter H-1,   including recommendations concerning rules to establish:                 (1)  eligibility requirements;                 (2)  standards of practice for certificate holders;                   (3)  continuing education requirements;                 (4)     requirements regarding the use of appropriate   prescription drug monitoring programs by a psychologist with a   certificate issued under Subchapter H-1;                 (5)     requirements for training programs described by   Section 501.372(b)(1)(B);                 (6)     guidelines and procedures for peer review of a   psychologist with a conditional prescription certificate issued   under Section 501.372;                 (7)     procedures for the review of an applicant under   Section 501.379; and                 (8)     procedures for the review of a complaint involving   a psychologist with a certificate issued under Subchapter H-1.           (e)     Chapter 2110, Government Code, does not apply to the   composition or duration of the advisory committee.          SECTION 4.  Chapter 501, Occupations Code, is amended by   adding Subchapter H-1 to read as follows:   SUBCHAPTER H-1. PRESCRIPTION CERTIFICATE           Sec. 501.371.  DEFINITIONS. In this subchapter:                 (1)     "Prescribing psychologist" means a psychologist   to whom a prescription certificate or conditional prescription   certificate has been issued under this subchapter.                 (2)     "Prescription drug" and "prescription drug order"   have the meanings assigned by Section 551.003.                 (3)     "Psychotropic medication" means a controlled   substance, as defined by Section 481.002, Health and Safety Code,   or dangerous drug, as defined by Section 483.001, Health and Safety   Code, that is used for the diagnosis, treatment, or management of   mental, nervous, emotional, behavioral, substance use, or   cognitive disorders.                 (4)     "Supervising clinician" means a physician or   psychologist who meets the requirements of Section 501.382 to   supervise a psychologist with a conditional prescription   certificate.           Sec.   501.372.     CONDITIONAL PRESCRIPTION CERTIFICATE. (a)   The executive council shall issue a conditional prescription   certificate to a psychologist who:                 (1)     meets the eligibility requirements of Subsection   (b);                 (2)     submits an application on a form prescribed by the   executive council;                 (3)     has not, in the two-year period preceding the date   of the application, had a certificate under this subchapter   revoked; and                 (4)  pays the fee set by the executive council.           (b)     To be eligible for a conditional prescription   certificate a psychologist must:                 (1)     have completed a training program in   psychopharmacology from:                       (A)     a postdoctoral education and training   program that has received designation in psychopharmacology from   the American Psychological Association; or                         (B)     a psychopharmacology training program   approved by the executive council that includes instruction in:        &#xA [Text truncated for display. 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