SB180: Bill Text

LRB-1527/1

TKK:kjf:md

2009 - 2010 LEGISLATURE

2009 Senate BILL 180

April 24, 2009 - Introduced by Senators Robson, Lehman, Taylor, Wirch and Hansen, cosponsored by Representatives Pasch, Jorgensen, Soletski, Smith, Gunderson, Grigsby, Garthwaite, Townsend, Friske and Fields, by request of ATTIC Correctional Services, ARC Community Services, Bethesda Lutheran Homes and Services, Community Alliance of Providers of Wisconsin, Easter Seals of Southeast Wisconsin, Rehabilitation for Wisconsin, Residential Services Association of Wisconsin, Ryan Community, Inc., Wisconsin Association of Alcohol and Other Drug Abuse, Wisconsin Assisted Living Association, Wisconsin Association of County Homes, Wisconsin Association of Homes and Services for the Aging, Wisconsin Council on Community Corrections, Wisconsin Counties Association, Wisconsin Early Autism Project, Wisconsin Health Care Association, Wisconsin Psychological Association. Referred to Committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue.

SB180,1,9 An Act to renumber 455.02 (3m), 455.03 and 455.06; to amend 441.001 (3) (a), 441.001 (4) (b), 455.02 (title), 455.02 (2m) (title), 455.04 (title), 455.04 (5), 455.08, 455.09 (1) (intro.), 455.09 (1) (c), 455.09 (1) (d), 455.09 (3) and 961.01 (19) (a); and to create 440.03 (13) (b) 53m., 440.08 (2) (a) 60m., 441.001 (3m), 450.11 (8) (f), 455.01 (1g), 455.01 (1r), 455.01 (2g), 455.01 (2r), 455.01 (4m), 455.01 (5e), 455.01 (5m), 455.01 (5s), 455.02 (1r), 455.02 (2r), 455.02 (3m) (b), 455.03 (2), 455.04 (4m), 455.049, 455.06 (2), 455.07 (2m) and 455.09 (2m) of the statutes; relating to: granting prescriptive authority to psychologists and requiring the exercise of rule-making authority.

Analysis by the Legislative Reference Bureau

This bill authorizes the Psychology Examining Board in the Department of Regulation and Licensing to issue a certificate of prescriptive authority to a psychologist licensed by the examining board. "Prescriptive authority" is defined, generally, to mean authority to prescribe, distribute, and administer drugs to treat disorders identified within the practice of psychology. A person certified by the examining board may use the title, prescribing psychologist.

To qualify for certification under the bill, a psychologist must complete educational requirements and supervised practice established by the examining board by rule and must pass an examination approved by the examining board by rule. A person certified under the bill must annually submit proof to the examining board of malpractice insurance coverage in an amount established by the examining board by rule.

The bill requires the examining board to promulgate rules governing the certification, supervision, and practice of prescribing psychologists. The bill also authorizes the examining board to make investigations and conduct hearings to determine whether a violation of the bill has occurred. The board may reprimand a prescribing psychologist or deny, limit, suspend, or revoke a certificate granted under the bill if a prescribing psychologist or applicant for certification has engaged in prohibited conduct.

Under current law, with certain exceptions, only persons registered under 21 U.S.C. 822 may lawfully possess controlled substances in the state. This bill requires applicants for certification to register under 21 U.S.C. 822.

Finally, the bill modifies the definitions of practical nursing and professional nursing under current law to include taking certain actions under the direction of a prescribing psychologist.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB180, s. 1 Section 1. 440.03 (13) (b) 53m. of the statutes is created to read:

SB180,2,2 440.03 (13) (b) 53m. Prescribing psychologist.

SB180, s. 2 Section 2. 440.08 (2) (a) 60m. of the statutes is created to read:

SB180,2,5 440.08 (2) (a) 60m. Prescribing psychologist: October 1 of each odd-numbered year.

SB180, s. 3 Section 3. 441.001 (3) (a) of the statutes is amended to read:

SB180,3,4 441.001 (3) (a) "Practical nursing" means the performance for compensation of any simple acts in the care of convalescent, subacutely or chronically ill, injured or infirm persons, or of any act or procedure in the care of the more acutely ill, injured or infirm under the specific direction of a nurse, physician, podiatrist licensed under ch. 448, dentist licensed under ch. 447 or, optometrist licensed under ch. 449, or prescribing psychologist licensed and certified under ch. 455, or under an order of a person who is licensed to practice medicine, podiatry, dentistry or, optometry, or, if the person has prescriptive authority, psychology in another state if that person prepared the order after examining the patient in that other state and directs that the order be carried out in this state.

SB180, s. 4 Section 4. 441.001 (3m) of the statutes is created to read:

SB180,3,7 441.001 (3m) Prescriptive authority. "Prescriptive authority" has the meaning given in s. 455.01 (5s).

SB180, s. 5 Section 5. 441.001 (4) (b) of the statutes is amended to read:

SB180,3,16 441.001 (4) (b) The execution of procedures and techniques in the treatment of the sick under the general or special supervision or direction of a physician, podiatrist licensed under ch. 448, dentist licensed under ch. 447, or optometrist licensed under ch. 449, or prescribing psychologist licensed and certified under ch. 455, or under an order of a person who is licensed to practice medicine, podiatry, dentistry, or optometry, or, if the person has prescriptive authority, psychology in another state if the person making the order prepared the order after examining the patient in that other state and directs that the order be carried out in this state.

SB180, s. 6 Section 6. 450.11 (8) (f) of the statutes is created to read:

SB180,3,19 450.11 (8) (f) The psychology examining board, insofar as this section applies to psychologists.

SB180, s. 7 Section 7. 455.01 (1g) of the statutes is created to read:

SB180,3,23 455.01 (1g) "Administer" means the direct application of a prescribed drug, whether by injection, ingestion, or any other means, to the body of a patient by any of the following:

SB180,3,24 (a) A prescribing psychologist.

SB180,3,25 (b) A patient at the direction of a prescribing psychologist.

SB180, s. 8 Section 8. 455.01 (1r) of the statutes is created to read:

SB180,4,2 455.01 (1r) "Dispense" has the meaning given in s. 450.01 (7).

SB180, s. 9 Section 9. 455.01 (2g) of the statutes is created to read:

SB180,4,5 455.01 (2g) "Drug" has the meaning given in s. 450.01 (10) and includes all of the following:

SB180,4,7 (a) A drug, drug product, or drug-containing preparation that is subject to 21 USC 353 (b) or 21 CFR 201.105.

SB180,4,8 (b) A controlled substance under s. 961.01 (4).

SB180, s. 10 Section 10. 455.01 (2r) of the statutes is created to read:

SB180,4,11 455.01 (2r) "Drug product" means a specific drug or drugs in a specific dosage form and strength from a known source of manufacture.

SB180, s. 11 Section 11. 455.01 (4m) of the statutes is created to read:

SB180,4,14 455.01 (4m) "Patient" means a person who receives psychological services from a prescribing psychologist.

SB180, s. 12 Section 12. 455.01 (5e) of the statutes is created to read:

SB180,4,17 455.01 (5e) "Prescribed drug" means any drug prescribed by a prescribing psychologist.

SB180, s. 13 Section 13. 455.01 (5m) of the statutes is created to read:

SB180,4,20 455.01 (5m) "Prescribing psychologist" means a person certified by the examining board to exercise prescriptive authority.

SB180, s. 14 Section 14. 455.01 (5s) of the statutes is created to read:

SB180,4,24 455.01 (5s) "Prescriptive authority" means authority to take any of the following actions on behalf of a particular patient of the individual exercising the authority:

SB180,5,2 (a) Prescribe, distribute, and administer drugs for the purpose of the treatment of disorders identified within the practice of psychology.

SB180,5,5 (b) Modify the schedule or dosage of, change, suspend, or discontinue a prescribed drug for the purpose of the treatment of disorders identified within the practice of psychology.

SB180,5,7 (c) Order and interpret laboratory tests for the purpose of the treatment of disorders identified within the practice of psychology.