TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 22 PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES
PART 21 CONDITIONAL
PRESCRIBING OR PRESCRIBING PSYCHOLOGISTS: LIMITS OF PRACTICE
16.22.21.1 ISSUING AGENCY:
Regulation and Licensing Department Board of Psychologist Examiners.
[16.22.21.1 NMAC -
Rp, 16.22.21.1 NMAC, 10/08/2024]
16.22.21.2 SCOPE: This
part applies to the board, licensees, applicants for licensure seeking licenses
under prescriptive authority, and the general public.
[16.22.21.2 NMAC -
Rp, 16.22.21.2 NMAC, 10/08/2024]
16.22.21.3 STATUTORY
AUTHORITY: This part is adopted
pursuant to the Professional Psychologist Act, Section 61-9-17.2 NMSA 1978.
[16.22.21.3 NMAC -
Rp, 16.22.21.3 NMAC, 10/08/2024]
16.22.21.4 DURATION:
Permanent.
[16.22.21.4 NMAC -
Rp, 16.22.21.4 NMAC, 10/08/2024]
16.22.21.5 EFFECTIVE DATE: October
8, 2024, unless a later date is cited at the end of the section.
[16.22.21.5 NMAC -
Rp, 16.22.21.5 NMAC, 10/08/2024]
16.22.21.6 OBJECTIVE: The
objective of Part 21 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.
[16.22.21.6 NMAC -
Rp, 16.22.21.6 NMAC, 10/08/2024]
16.22.21.7 DEFINITIONS: [RESERVED]
[Refer to 16.22.1.7
NMAC]
16.22.21.8 LIMITS OF PRACTICE:
A. A
conditional prescribing or prescribing psychologist shall limit practice and
supervision to the areas of competence in which proficiency has been gained
through education, training or experience.
B. A conditional prescribing or prescribing psychologist
shall only prescribe drugs and treatments that are consistent with the
standards of practice of clinical psychopharmacology.
C. Prescriptions transmitted electronically shall comply
with state and federal regulation.
D. A conditional prescribing or prescribing psychologist may
order and review laboratory tests, including imaging, that are consistent with
the standards of practice of clinical psychopharmacology.
E. Unless in a rural area where an alternative prescriber is
not available, a conditional prescribing or prescribing psychologist shall not
prescribe medication to any person who is a member of the psychologist’s family
or household, or with whom the psychologist has an undue conflict of interest,
including a prohibited dual relationship, as defined in 16.22.1 NMAC, of these
regulations and the code of conduct adopted by the board. The conditional
prescribing or prescribing psychologist will transition such a patient to
another provider without a prohibited dual relationship as soon as is feasible.
F. A conditional prescribing or prescribing psychologist is
subject to provisions of the Professional Psychologist Act and board
regulations. A psychologist who violates
the Professional Psychologist Act or board regulations is subject to
disciplinary action by the board, which may include denial, suspension, or
revocation of a conditional prescription certificate or prescription
certificate or suspension or revocation of a license to practice psychology.
G. A
conditional prescribing or prescribing psychologist must comply with all other
state and federal laws regulating the administering and prescribing of
controlled substances.
H. Pursuant to Subsection E of Section 61-9-17.2 NMSA
1978, a conditional prescribing or prescribing psychologist deeming it
necessary to prescribe drugs for the management of or protection from side
effects that are the result of psychotropic treatment shall have 20 business
days from the implementation of treatment for the management of side effects to
notify and discuss the management of side effects with the health care
practitioner who is overseeing the patient’s general medical care. If after 20 business days the conditional
prescribing or prescribing psychologist had been unable to reach the health
care provider for the purpose of discussion of the side effect treatment, the
conditional prescribing or prescribing psychologist shall discontinue the side
effect treatment by tapering in a fashion consistent with the standard of care.
[16.22.21.8 NMAC -
Rp, 16.22.21.8 NMAC, 10/08/2024]
HISTORY OF
16.22.21 NMAC:
History of
Repealed Material:
16.22.21 NMAC,
Limits of Practice, filed 11/15/2006 was repealed and replaced by Conditional Prescribing or Prescribing
Psychologists: Limits of Practice, effective 10/08/2024.