SRC-MKV S.B. 818 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 818
77R2791 GJH-DBy: Armbrister
Health & Human Services
3/20/2001
As Filed


DIGEST AND PURPOSE 

In 1998 the Texas Psychological Association endorsed a program for training
and preparing psychologists for prescription privileges.  Allowing
psychologists to write prescriptions will improve the quality of care to
mental health patients, improve accessability to appropriate medications
for mental health patients in need, and provide cost savings to the
patients.  As proposed, S.B. 818 authorizes a psychologist to write
prescriptions if the psychologist holds a prescriptive authority
certificate which is attained by being a health service provider as
determined by board rule and by completing a postdoctoral training in
psychopharmacology from an institution of higher education.  The bill also
establishes the Texas State Board of Examiners of Psychologists as the
credentialing body for the prescriptive authority certificates. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas State Board of
Examiners of Psychologists in SECTION 4 (Section 501.265, Occupations Code)
of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 301.002(2), Occupations Code, to redefine
"professional nursing." 

SECTION 2.  Amends Section 501.002, Occupations Code, to define
"prescription drug," "prescription drug order," and "prescriptive authority
certificate." 

SECTION 3.  Amends Section 501.003(c), Occupations Code, to add that the
practice of psychology includes acting under the authority granted by a
prescriptive authority certificate. 

SECTION 4.  Amends Chapter 501F, Occupations Code, by adding Section
501.265, as follows: 

Sec. 501.265.  PRESCRIPTIVE AUTHORITY CERTIFICATE. (a) Prohibits a
psychologist from issuing a prescription drug order, administer or dispense
a prescription drug, or represent that the person holds a prescriptive
authority certificate (certificate) unless the person holds a certificate
under this section.   

(b) Provides that to be eligible for a certificate under this section, a
psychologist is required to apply to the Texas State Board of Examiners of
Psychologists (board) and demonstrate certain qualifications. 

(c) Requires the board to adopt rules to protect the public health that
require a psychologist who holds a certificate under this section to
consult with a patient's treating physician within a reasonable time after
the psychologist issues a prescription drug order for or administers or
dispenses a prescription drug to the patient. 

SECTION 5.  Amends Section 551.003(34), Occupations Code, to redefine
"practitioner." 

 SECTION 6.  Amends Section 481.002(39), Health and Safety Code, to
redefine "practitioner." 

SECTION 7.  Amends Section 483.001(12), Health and Safety Code, to redefine
"practitioner." 

SECTION 8.  Amends Sections 576.025(b), (c), (e), and (f), Health and
Safety Code, to add language regarding validity of consent to the
administration of psychoactive medication to include a reference to a
psychologist who holds a prescriptive authority certificate.  Makes
conforming changes. 

SECTION 9.  Effective date: September 1, 2001.