TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 22 PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES
PART 25 PRESCRIPTION
CERTIFICATE: APPLICATION; PEER REVIEW; EVALUATION OUTCOME
16.22.25.1 ISSUING AGENCY:
Regulation and Licensing Department Board of Psychologist Examiners.
[16.22.25.1 NMAC -
Rp, 16.22.25.1 NMAC, 11/15/2006]
16.22.25.2 SCOPE: This
part applies to the board, licensees, applicants for licensure seeking licenses
under prescriptive authority, and the general public.
[16.22.25.2 NMAC -
Rp, 16.22.25.2 NMAC, 11/15/2006]
16.22.25.3 STATUTORY
AUTHORITY: This part is adopted
pursuant to the Professional Psychologist Act, Section 61-9-17.1 NMSA 1978.
[16.22.25.3 NMAC -
Rp, 16.22.25.3 NMAC, 11/15/2006]
16.22.25.4 DURATION:
Permanent.
[16.22.25.4 NMAC -
Rp, 16.22.25.4 NMAC, 11/15/2006]
16.22.25.5 EFFECTIVE DATE:
November 15, 2006, unless a later date is cited at the end of the
section.
[16.22.25.5 NMAC -
Rp, 16.22.25.5 NMAC, 11/15/2006]
16.22.25.6 OBJECTIVE: The
objective of Part 25 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.
[16.22.25.6 NMAC -
Rp, 16.22.25.6 NMAC, 11/15/2006]
16.22.25.7 DEFINITIONS: [RESERVED]
[Refer to 16.22.1.7
NMAC]
16.22.25.8 APPLICATION FOR PRESCRIPTION
CERTIFICATE:
A. 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.
B. The application procedure, shall
commence no sooner than 60 days and no later than 10 days prior to expiration
of the conditional prescription certificate, whereby the applicant shall submit
a non-refundable fee (see fee schedule at 16.22.13.8 of these regulations)
established by the board and shall submit evidence satisfactory to the board
that the applicant:
(1) has
been issued a conditional prescription certificate and has successfully
completed or anticipates successfully completing two years of prescribing
psychotropic medication, as certified by the primary supervising clinician pursuant to 16.22.24 NMAC of these
regulations;
(2) holds
an active and unrestricted license to practice psychology in New Mexico;
(3) has
malpractice insurance as required in 16.22.24 NMAC, of these regulations; the psychologist shall submit to the board a
copy of the declaration page of his malpractice insurance policy with the
application.
C. The application shall also include the following:
(1) a log of patients seen, which shall
include: a coded identification number for the patient, patient’s age, gender,
diagnosis, whether or not pharmacological intervention
was considered or implemented, date of service, and amount of time seen for
psychopharmacotherapy or management of care. The log shall contain the name and
signature of the supervising clinician.
(2) a log of supervision, which shall
include date of supervision, time spent in supervision, topics covered, and the
name of the primary or secondary supervising clinician who provided
supervision. The log shall be signed by
the primary supervising clinician.
D. Only a complete application will be considered. The board may request additional information
from the applicant to verify or confirm the information in the application.
[16.22.25.8 NMAC - Rp, 16.22.25.8 NMAC, 11/15/2006; A, 02/10/2022; A, 10/08/2024]
16.22.25.9 PEER
REVIEW:
A. Panel
membership. The applicant for a prescription certificate shall successfully
complete a process of independent peer review that meets the requirements set
forth below before the board shall issue a prescription certificate.
(1) One
or more peer review panel(s) shall be appointed by the chair of the board. Peer review panels shall consist of three
members from at least two of the following professions and categories:
(a) conditional
prescribing psychologists, prescribing psychologists or licensed psychologists
with specialized training and experience in psychopharmacology;
(b) licensed,
board-certified psychiatrists, other physicians, nurse practitioners or
physician assistants with specialized training and experience in
psychopharmacology;
(c) doctoral
level licensed pharmacists or pharmacist clinicians with specialized training
and experience in psychopharmacology.
(2) 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 as defined in 16.22.1
NMAC, of these regulations.
(3) No
panel member may be a psychologist enrolled in a psychopharmacology training
program.
B. Review process.
(1) A
panel shall examine at least 10 randomly selected charts of patients treated by
the conditional prescribing psychologist during the two-year supervised period
and any approved extensions. The
applicant shall be solely responsible for obtaining the patient charts for peer
review. The charts shall be reviewed to
determine whether the following information is timely, accurately, and properly
recorded:
(a) a
full medical history and family history;
(b) a
mental status examination and complete differential diagnosis of the patient by
the conditional prescribing psychologist;
(c) risk
factors for the diagnostic condition were identified, including absence of
drug, alcohol, suicide and homicide;
(d) drug
and food allergies;
(e) patient
medications;
(f) patient
education on prescription, including evidence of informed consent to treatment;
(g) appropriate
laboratory tests ordered and reviewed;
(h) the
patient’s diagnosis;
(i) adequate dosing requirements for
prescription;
(j) treatment,
including psychopharmacotherapy and psychotherapy, adverse
affects from prescriptions, documentation of outcome measures for
prescriptions;
(k) progress
notes;
(l) a
follow-up plan, including a discharge plan, and
(m) documentation
of collaboration with the patient’s treating health care practitioner as
required pursuant to 16.22.20 NMAC, of these regulations;
(2) The
peer review panel shall complete an evaluation form approved by the
psychopharmacology application committee, which shall certify whether the
charts reviewed are in compliance and are satisfactory, and
shall forward the evaluation form to the board.
[16.22.25.9 NMAC -
Rp, 16.22.25.8 NMAC, 11/15/2006]
16.22.25.10 EVALUATION
OUTCOME:
A. Board action. Within 60 days, the board shall issue an
unrestricted prescription certificate to the applicant or inform the applicant
of deficiencies.
B. Remedial
period. If the peer review panel documents deficiencies in the patient charts
or the applicant otherwise does not demonstrate competency to prescribe
independently, the panel shall specify in writing:
(1) the
areas in need of remediation;
(2) the
process and procedures by which these areas are to be remediated; and
(3) the
time period, not to exceed six months, allowed for
remediation of deficiencies or demonstration of competency before the applicant
can undergo another peer review.
C. Additional peer review(s).
(1) Another
peer review shall be conducted at the end of the remedial period. The applicant may have a total of three peer
reviews, after which the applicant shall re-enroll in psychopharmacology
program meeting all criteria in 16.22.23.8 NMAC, and
apply for another conditional prescription certificate prior to applying for a
prescription certificate.
(2) The
evaluation or results of any deficient peer review shall be forwarded to the
board and the New Mexico medical board.
The board, in consultation with the medical board or it designee, shall
have the discretion to extend a conditional prescription certificate pursuant
to Subsection V of 16.22.24.10 NMAC, pending the outcome of the second or
subsequent peer review process.
[16.22.25.10 NMAC -
Rp, 16.22.25.8 NMAC, 11/15/2006]
16.22.25.11 APPLICATION FOR CONDITIONAL
PRESCRIPTION CERTIFICATE BY APPLICANTS LICENSED TO PRESCRIBE IN OTHER AREAS: A person who has been licensed or certified
as a prescribing psychologist by another state, territorial possession of the
United States, District of Columbia, or another country, for a minimum of two
years, may apply for a conditional prescription certificate and shall meet
these requirements:
A. Psychology licensure. Applicant
shall hold an active, unrestricted New Mexico license as a psychologist.
B. Psychopharmacology education. The applicant shall demonstrate completion of
the required academic coursework to the satisfaction of the board.
C. New Mexico jurisprudence
examination. The applicant shall
demonstrate evidence of completion of a 3-hour training in New Mexico rules and
laws applicable to prescribing psychologists, as offered by the state psychologist
association of New Mexico (SPA), or the New Mexico psychological association
(NMPA).
D. Additional supervision
training. The RxP
application committee shall make recommendations to the board concerning
additional supervision and training that may be required. The board shall review the committee
recommendations and determine the additional supervision and training required
of the applicant in order to qualify for a conditional
prescription certificate.
E. Supervision plan. The period of conditional supervised practice
shall be determined by the board based on the applicant’s education, training,
and experience and shall not be less than three months or more than two years. The applicant shall submit to the
psychopharmacology application committee a supervisory plan as outlined in
Subsection H of 16.22.24.10 NMAC, of these regulations. The same requirements set forth in
16.22.24.10 NMAC, shall apply to the supervisory period.
F. Issuance of prescription
certificate. The RxP
application committee shall recommend to the board issuance of a conditional
prescription certificate to the applicant who qualifies in accordance with
these regulations.
[16.22.25.11 NMAC – N, 02/10/2022]
HISTORY OF
16.22.25 NMAC:
History of
Repealed Material:
16.22.25 NMAC,
Application For Prescription Certificate: Peer Review - Repealed 11/15/2006