Code of Colorado Regulations
700 - Department of Regulatory Agencies
721 - Division of Professions and Occupations - Board of Psychologists Examiners
3 CCR 721-1 - PSYCHOLOGIST EXAMINERS RULES AND REGULATIONS
Section 3 CCR 721-1.24 - CONCERNING THE AUTHORITY OF A LICENSED PSYCHOLOGIST TO PRESCRIBE PSYCHOTROPIC MEDICATION FOR THE TREATMENT OF MENTAL HEALTH DISORDERS

Universal Citation: 3 CO Code Regs 721-1 § 24

Current through Register Vol. 47, No. 5, March 10, 2024

This Rule is promulgated pursuant to sections 12-20-204, 12-245-204(4)(a), 12-245-224, 12-30-109, 12-245-301, 12-245-302, and 12-245-309, C.R.S., in consultation with the Colorado Medical Board, to further clarify statutory language and establish application requirements for attaining a Prescription Certificate for a licensed psychologist in Colorado.

A. APPLICATION

1. An applicant for a prescription certificate shall submit a complete application on a form approved by the Board. The applicant is responsible to ensure that the application is complete and timely and that all application fees are paid. Applicant and application must demonstrate the following:

a. Applicant holds an active and unrestricted license to practice psychology in Colorado;

b. Has commercial professional liability insurance as outlined in section 12-245-309, C.R.S., and provides an attestation to the Board to reflect this requirement

c. Has successfully completed all educational, examination, supervision, and practice requirements outlined in section 12-245-309, C.R.S.

B. PEER REVIEW

As referenced in section 12-245-309(a)(V), C.R.S., the applicant has successfully undergone a process of independent peer review set forth in Rule of the Board and approved by the Colorado Medical Board:

1. Panel membership. The applicant for a prescription certificate shall successfully complete a process of independent peer review within 60 days that meets the requirements set forth below and will submit successful completion of independent peer review as part of the application process on a form approved by the Board.

a. The applicant shall ensure the peer review panel that they use shall consist of three members from at least two of the following professions and categories:

(1) Prescribing psychologists or licensed psychologists with specialized training and experience in psychopharmacology;

(2) Licensed, board-certified psychiatrists, other physicians, nurse practitioners or physician assistants with specialized training and experience in psychopharmacology;

(3) Doctoral level licensed pharmacists or pharmacist clinicians with specialized training and experience in psychopharmacology.

b. A panel member shall not be a member of the applicant's family or household, shall not be in a prohibited dual relationship with the applicant or a member of the applicant's family or household, shall not have supervised the applicant, and shall not have a conflict of interest otherwise not stated.

c. No panel member may be a psychologist enrolled in a psychopharmacology training program.

2. Review Process.

a. Each panel member shall examine at least 10 randomly selected charts of patients treated by the applicant during the required supervised period outlined in statute and any approved extensions. The applicant shall be solely responsible for obtaining the patient charts for peer review and providing them for peer review. The charts shall be reviewed to determine whether the following information is timely, accurately, and properly recorded:

(1) A full medical history and family history;

(2) A mental status examination and complete differential diagnosis of the patient by the conditional prescribing psychologist

(3) Risk factors for the diagnostic condition were identified, including absence of drug, alcohol, suicide and homicide;

(4) Drug and food allergies;

(5) Patient medications;

(6) Patient education on prescription, including evidence of informed consent to treatment;

(7) Appropriate laboratory tests ordered and reviewed;

(8) The patient's diagnosis;

(9) Adequate dosing requirements for prescription;

(10) Treatment, including psychopharmacotherapy and psychotherapy, adverse affects from prescriptions, documentation of outcome measures for prescriptions;

(11) Progress notes;

(12) A follow-up plan, including a discharge plan; and

(13) Documentation of collaboration with the physician who oversees the patient's general medical care as required by law.

b. The peer review panel shall complete an evaluation form approved by the Board, which shall certify whether the charts reviewed are in compliance and are satisfactory, and shall provide the form back to the applicant to be included as part of their application process.

C. PRACTICE REQUIREMENTS

1. New Prescriptions (Including Dosage Changes)

a. Prescribing Psychologist shall receive written electronic agreement from the patient's primary treating physician that the prescription for or administering of medication is appropriate for that patient before prescribing or administering any medication that the patient does not have a current prescription for from that prescribing psychologist. This includes dosage changes that increase, decrease, or discontinue a medication.

b. If the patient is over 18 years of age or under 65 years of age, a prescribing psychologist is not required to receive written electronic agreement for every refill if there have been no changes. A prescribing psychologist is required to receive written electronic agreement once a year from the patient's primary treating physician that the prescription for or administering of the medication continues to be appropriate for that patient.

c. If the patient is under 18 years of age or over 65 years of age, a prescribing psychologist is not required to receive written electronic agreement for that patient for every refill if there have been no changes. A prescribing psychologist is required to receive written electronic agreement every three months from the patient's primary treating physician that the prescription for or administering of the medication continues to be appropriate for that patient.

2. Telemedicine

a. Prescribing psychologist must be licensed in Colorado and have a Colorado prescription certificate to prescribe to a patient whose originating site is in Colorado as defined in section 10-16-123(4)(b), C.R.S., and adhere to the standards for care laid out for both telepsychology and psychology prescribing in Colorado and the state where the client is receiving treatment.

b. Prescribing psychologists licensed in Colorado must be in Colorado at the time services are provided and will only provide telemedicine services to clients whose originating site is in Colorado as defined in section 10-16-123(4)(b), C.R.S.

c. Prescribing psychologists must follow federal and state laws regarding prescribing controlled substances and other medications.

D. DISCIPLINE

It shall be a prohibited activity under section 12-245-224, C.R.S. for an applicant, candidate, or licensee to:

1. Prescribe, distribute, or give to a family member or to oneself, except on an emergency basis, any controlled substance as defined in section 18-18-204, C.R.S., or as contained in schedule II of 21 U.S.C. sec. 812, as amended;

2. Accept any direct or indirect benefit from a pharmaceutical manufacturer or pharmaceutical representative for prescribing a specific medication to a patient. For the purposes of this section, a direct or indirect benefit does not include a benefit offered to an applicant, candidate, or licensee regardless of whether the specific medication is being prescribed;

3. Administer, dispense, or prescribe any habit-forming drug or any controlled substance, as defined in section 18-18-102(20), C.R.S., other than in the course of legitimate professional practice, which includes the recommendation, administration, or dispensation of medical marijuana;

4. Violate a provision of section 12-30-109, C.R.S.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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