N.M. Stat. § 61-9-17.2

Current through 2024, ch. 69
Section 61-9-17.2 - [Effective 7/1/2024] [Repealed effective 7/1/2028] Prescribing practices
A. A prescribing psychologist or a psychologist with a conditional prescription certificate may administer and prescribe psychotropic medication within the recognized scope of the profession, including the ordering and review of laboratory tests in conjunction with the prescription, for the treatment of mental disorders.
B. When prescribing psychotropic medication for a patient, the prescribing psychologist or the psychologist with a conditional prescription certificate shall maintain an ongoing collaborative relationship with the health care practitioner who oversees the patient's general medical care to ensure that necessary medical examinations are conducted, the psychotropic medication is appropriate for the patient's medical condition and significant changes in the patient's medical or psychological condition are discussed.
C. The ongoing collaborative relationship shall be maintained pursuant to guidelines developed by the board and the New Mexico medical board, which shall optimize patient care.
D. The guidelines shall ensure that the prescribing psychologist or the psychologist with a conditional prescription certificate and the health care practitioner coordinate, and collaborate on, the care of the patient to provide optimal care. Nothing in this subsection shall require a prescribing psychologist or psychologist with a conditional prescription certificate to give prior notice to or obtain prior approval from a health care practitioner to prescribe psychotropic medication to a patient with whom the prescribing psychologist has established a psychologist-patient relationship; provided that the psychologist provides written notice of the prescription to the health care practitioner within twenty-four hours of its issuance to such patient.
E. If a prescribing psychologist or psychologist with a conditional prescription certificate deems it necessary to prescribe drugs for the management of or protection from side effects that are a direct result of psychotropic medication, the prescribing psychologist or psychologist with a conditional prescription certificate shall notify and discuss with the health care practitioner who oversees the patient's general medical care within twenty business days of issuance of the prescription.
F. A psychologist with a conditional prescription certificate may prescribe and administer psychotropic medication injections under the supervision of a supervising clinician and upon completion of board-approved training.
G. A prescribing psychologist may prescribe and administer psychotropic medication injections upon completion of board-approved training.
H. A committee composed of two prescribing psychologist members of the board or their designees and two members of the New Mexico medical board or their designees shall be established and, pursuant to the guidelines, shall evaluate licensing complaints against prescribing psychologists and report its findings and recommendations to each board for appropriate action. The committee shall develop education requirements for expanded practice and present these requirements to each board for approval. The committee shall conduct quarterly reviews of and provide a quarterly report to the respective boards regarding the prescribing psychologist scope of practice expansion that permits prescribing authority to manage or protect from side effects that are a direct result of psychotropic medication.
I. A prescription written by a prescribing psychologist or a psychologist with a conditional prescription certificate shall:
(1) comply with applicable state and federal laws;
(2) be identified as issued by the psychologist as "psychologist certified to prescribe"; and
(3) include the psychologist's board-assigned identification number.
J. A prescribing psychologist or a psychologist with a conditional prescription certificate shall not delegate prescriptive authority to any other person. Records of all prescriptions shall be maintained in patient records.
K. When authorized to prescribe controlled substances, a prescribing psychologist or a psychologist with a conditional prescription certificate shall file with the board in a timely manner all individual federal drug enforcement administration registrations and numbers. The board and the New Mexico medical board shall maintain current records on every psychologist, including federal registrations and numbers.
L. The board shall provide to the board of pharmacy and the New Mexico medical board an annual list of prescribing psychologists and psychologists with conditional prescription certificates that contains the information agreed upon among the board, the New Mexico medical board and the board of pharmacy. The board shall promptly notify the board of pharmacy of psychologists who are added to or deleted from the list.
M. For the purpose of this section:
(1) "collaborative relationship" means a cooperative working relationship between a prescribing psychologist or a psychologist with a conditional prescription certificate and a health care practitioner in the provision of patient care, including diagnosis and cooperation in the management and delivery of physical and mental health care; and
(2) "health care practitioner" means a physician, osteopathic physician, nurse practitioner, physician assistant or clinical nurse specialist.

NMS § 61-9-17.2

Laws 2002, ch. 100, § 7.
Amended by 2024, c. 26,s. 4, eff. 7/1/2024.
Amended by 2019, c. 19,s. 6, eff. 2/4/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.