New
Mexico Register / Volume XXXV, Issue 19 / October 8, 2024
TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 22 PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES
PART 28 CONDITIONAL
PRESCRIBING OR PRESCRIBING PSYCHOLOGISTS: COMPLAINT PROCEDURES
16.22.28.1 ISSUING AGENCY:
Regulation and Licensing Department Board of Psychologist Examiners.
[16.22.28.1 NMAC -
Rp, 16.22.28.1 NMAC, 10/08/2024]
16.22.28.2 SCOPE: The
provisions of Part 28 shall apply to all licensees and applicants for
licensure, and the general public.
[16.22.28.2 NMAC -
Rp, 16.22.28.2 NMAC, 10/08/2024]
16.22.28.3 STATUTORY
AUTHORITY: This part is adopted
pursuant to the Professional Psychologist Act, NMSA 1978 Section 61-9-17.1
[16.22.28.3 NMAC -
Rp, 16.22.28.3 NMAC, 10/08/2024]
16.22.28.4 DURATION:
Permanent.
[16.22.28.4 NMAC -
Rp, 16.22.28.4 NMAC, 10/08/2024]
16.22.28.5 EFFECTIVE DATE: October
8, 2024, unless a later date is cited at the end of the section.
[16.22.28.5 NMAC -
Rp, 16.22.28.5 NMAC, 10/08/2024]
16.22.28.6 OBJECTIVE: The
objective of Part 28 is to set forth the provisions, which apply to all of
Chapter 22, and all persons affected or regulated by Chapter 22 of Title 16.
[16.22.28.6 NMAC -
Rp, 16.22.28.6 NMAC, 10/08/2024]
16.22.28.7 DEFINITIONS: [RESERVED]
[Refer to 16.22.1.7
NMAC]
16.22.28.8 COMPLAINT PROCEDURES:
A. Any complaint
against a conditional prescribing or prescribing psychologist shall be made
according to the complaint procedures described in 16.22.11 NMAC of these board
regulations.
B. The board shall
notify the New Mexico medical board, the board of osteopathic medical
examiners, or the board of nursing in writing upon receipt of any complaint
that implicates the collaborative relationship between a conditional
prescribing or prescribing psychologist and a physician, an osteopathic
physician, a nurse practitioner, or a physician’s assistant respectively.
C. A joint board
complaint committee shall be appointed to evaluate any complaint arising out of
the collaboration between a conditional prescribing or prescribing psychologist
and a health care practitioner. The
committee shall evaluate compliance with provisions of the collaboration
guidelines as set forth in 16.22.20.8 NMAC.
If the committee determines that the complaint does not involve the
collaboration guidelines, the committee shall return the complaint to the board
for appropriate action.
D. A joint board
complaint committee will consist at a minimum of the following members,
appointed as follows:
(1) two prescribing psychologists,
licensed in New Mexico at the unconditional level;
(2) two
physicians, recommended by the New Mexico medical board, approved for the joint
complaint committee by the chair of the New Mexico board of psychologist examiners.
E. Members of a
joint board complaint committee shall not be in a pharmacological training
program or seeking a prescription certificate, shall not be seeking licensure
as a psychologist, physician, or nurse, and shall be a licensee in good
standing in the respective profession.
F. Members of a
joint board complaint committee shall not participate in any complaint review
involving the member’s family, household or a conflict of interest as defined
in 16.22.1.7 NMAC, of these regulations.
G. The professional
members of a joint board complaint committee may also include:
(1) a licensed physician or osteopathic
physician with clinical experience in mental health or psychopharmacology;
(2) a licensed pharmacist or pharmacist
clinician with specialized training and experience in psychopharmacology;
(3) a prescribing psychologist;
(4) a nurse practitioner, or physician’s
assistant with documented specialized training and experience in
psychopharmacology.
H. Upon receipt and
review of a complaint, a joint board complaint committee shall attempt an
informal resolution of said complaint consistent with the collaboration
guidelines, in order to optimize patient care.
I. If an informal
resolution cannot be achieved, a joint board complaint committee shall report
its findings to the board which will ensure that information about the
non-resolved complaint is forwarded to other appropriate boards as required for
appropriate action.
J. The joint board complaint committee shall review and
report on all formal complaints against a conditional prescribing or
prescribing psychologist specific to their management of side effects on a
quarterly basis. Anonymous complaints shall not be investigated.
[16.22.28.8 NMAC -
Rp, 16.22.28.8 NMAC, 10/08/2024]
HISTORY OF
16.22.28 NMAC:
History of Repealed Material:
16.22.28 NMAC,
Prescribing Psychologists: Complaint Procedures - Repealed 11/15/2006
16/22/28 NMAC,
Conditional Prescribing or Prescribing Psychologists: Complaint Procedures,
filed 11/15/2006 – was repealed and replaced by 16/22/28 NMAC, Conditional
Prescribing or Prescribing Psychologists: Complaint Procedures, effective 10/08/2024