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| Georgia General Assembly |
HB329.html
01 LC 22 4234
House Bill
329
By: Representatives Martin of the 47th,
McBee of the 88th, Scheid of the 17th, Skipper of the
137th, Orrock of the 56th and others
A BILL TO BE
ENTITLED
AN ACT
To amend Chapter 13 of Title 16 of the Official Code of
Georgia Annotated, relating to controlled substances, Chapter 4 of Title 26 of
the Official Code of Georgia Annotated, relating to pharmacists, Article 8 of
Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to
health service provider psychologists, and Chapter 39 of Title 43 of the
Official Code of Georgia Annotated, relating to psychologists, so as to
authorize certain psychologists to prescribe drugs in certain circumstances; to
provide that psychologists certified to prescribe drugs are exempt from criminal
law as are other medical professionals licensed to prescribe; to exempt from
liability pharmacists and nurses acting in good faith upon the orders of a
psychologist certified to prescribe; to provide for prescriptions by
psychologists certified to prescribe who are health service provider
psychologists; to provide that the practice of psychology includes
administering, ordering, and prescribing drugs in certain circumstances; to
limit such prescriptions to those for mental or nervous disorders or illnesses;
to provide for the adoption of rules for certification; to provide for training
and an examination; to provide for consultation with the
patient´s
treating physician; to provide for related matters; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 13 of Title 16 of the Official Code of Georgia
Annotated, relating to controlled substances, is amended in Code Section
16-13-21, relating to definitions, by striking in its entirety paragraph (23)
and inserting in its place the
following:
"(23)
'Practitioner' means:
(A) A physician, dentist,
pharmacist, podiatrist, veterinarian, psychologist certified to prescribe as
defined in paragraph (4) of Code Section 43-39-1, scientific investigator,
or other person licensed, registered, or otherwise authorized under the laws of
this state to distribute, dispense, conduct research with respect to, or to
administer a controlled substance in the course of professional practice or
research in this state;
(B) A pharmacy, hospital, or
other institution licensed, registered, or otherwise authorized by law to
distribute, dispense, conduct research with respect to, or to administer a
controlled substance in the course of professional practice or research in this
state; or
(C) A
physician´s
assistant acting pursuant to the authority of subsection (e.1) of Code Section
43-34-103. For purposes of this chapter and subsection (e.1) of Code Section
43-34-103 and notwithstanding the provisions of subsection (g) of Code Section
43-34-26.1, a
physician´s
assistant is authorized to register with the federal Drug Enforcement
Administration and appropriate state
authorities."
SECTION 2.
Said chapter is further amended in Article 3, relating to
dangerous drugs, by striking Code Section 16-13-77, relating to the
article´s
applicability to practitioners of the healing arts, and inserting in its place a
new Code section to read as follows:
"16-13-77.
Nothing
in this article shall be construed to prohibit the administration of dangerous
drugs by or under the direction of a practitioner of the healing arts. For
purposes of this article, the terms 'practitioner' and 'practitioner of the
healing arts' mean a practitioner as defined in Code Section
16-13-21."
SECTION 3.
Chapter 4 of Title 26 of the Official Code of Georgia
Annotated, relating to pharmacists, is amended by striking in its entirety
paragraph (33) of Code Section 26-4-5, relating to definitions, and inserting in
its place a new paragraph (33) and by adding a new paragraph to be designated
paragraph (37.1), so that the two paragraphs as amended read as
follows:
"(33)
'Practitioner' or 'practitioner of the healing arts' means a physician, dentist,
podiatrist, or veterinarian, or psychologist certified to
prescribe and shall include any other person licensed under the laws of this
state to use, mix, prepare, dispense, prescribe, and administer drugs in
connection with medical treatment to the extent provided by the laws of this
state."
"(37.1)
'Psychologist certified to prescribe' means an individual who is certified by
the State Board of Examiners of Psychologists to administer, order, and
prescribe drugs for the diagnosis, care, and treatment of mental or nervous
disorders or illnesses as provided in Code Section
43-39-5.1."
SECTION 4.
Said chapter is further amended by inserting a new Code
section to be designated Code Section 26-4-31 to read as
follows:
"26-4-31.
Nothing
in this chapter shall be construed to create a presumption of liability, either
civil or criminal, on the part of a pharmacist who is duly licensed under this
chapter and who in good faith fills a prescription drug ordered or prescribed by
a psychologist certified to
prescribe."
SECTION 5.
Article 8 of Chapter 7 of Title 31 of the Official Code of
Georgia Annotated, relating to health service provider psychologists, is amended
by striking in its entirety Code Section 31-7-160, relating to definitions, and
inserting in its place a new Code section to read as
follows:
"31-7-160.
As
used in this article, the term:
(1) 'Health service
provider psychologist' means a licensed psychologist who meets the criteria of
training and experience as provided in Code Section 31-7-162 in the delivery of
direct, preventive, assessment and therapeutic intervention services to
individuals whose growth, adjustment, or functioning is actually impaired or is
demonstrably at a high risk of impairment.
(2)
'Psychologist´s
order' means an order issued by a health service provider psychologist
practicing psychology in accordance with Chapter 39 of Title 43 for the care and
treatment rendered to a person in a medical facility or institution, including
admission and discharge. Such care and treatment does not
include includes the ordering or prescribing of
medications, only by a psychologist certified to prescribe.
Such care and treatment does not include nursing assessments or
interventions, or medical
procedures."
SECTION 6.
Chapter 39 of Title 43 of the Official Code of Georgia
Annotated, relating to psychologists, is amended in Code Section 43-39-1,
relating to definitions, by striking in its entirety paragraph (3) and
inserting in lieu thereof the
following:
"(3)
'To practice psychology' means to render or offer to render to individuals,
groups, organizations, or the public for a fee or any remuneration, monetary or
otherwise, any service involving the application of recognized principles,
methods, and procedures of the science and profession of psychology, such as,
but not limited to, diagnosing and treating mental and nervous disorders and
illnesses, rendering opinions concerning diagnoses of mental disorders,
including organic brain disorders and brain damage, engaging in neuropsychology,
engaging in psychotherapy, interviewing, administering, and interpreting tests
of mental abilities, aptitudes, interests, and personality characteristics for
such purposes as psychological classification or evaluation, or for education or
vocational placement, or for such purposes as psychological counseling,
guidance, or readjustment. Nothing in this paragraph shall be construed
as permitting the administration or prescription of drugs or in any way
infringing upon the practice of medicine as defined in the laws of this
state. The practice of psychology shall include the administering,
ordering, and prescribing of drugs by a psychologist certified to prescribe for
the diagnosis, care, and treatment of mental or nervous disorders or
illnesses.
(4) 'Psychologist certified to
prescribe' means a licensed psychologist who meets the criteria of training and
experience as provided in Code Section 43-39-5.1 and is certified by the board
to administer, order, and prescribe drugs as authorized by the board pursuant to
Code Section
43-39-5.1."
SECTION 7.
Said chapter is further amended by inserting new Code
sections to be designated Code Sections 43-39-5.1 and 43-39-21 to read as
follows:
"43-39-5.1.
The
board shall adopt rules for the certification of psychologists to administer,
order, and prescribe drugs for the diagnosis, care, and treatment of mental and
nervous disorders and illnesses. The rules shall include as requirements the
successful completion of pharmacological training from an institution of higher
learning or from an approved provider of continuing education and the successful
passage of an examination approved by the board which tests knowledge of
pharmacology in the diagnosis, care, and treatment of mental and nervous
disorders and illnesses. The board shall further adopt rules providing that the
psychologist certified to prescribe shall consult with the
patient´s
treating
physician."
"43-39-21.
Notwithstanding
any other provision of law, a registered professional nurse and a licensed
practical nurse shall have the authority to execute an order for the
administration of drugs issued by a psychologist certified to prescribe,
provided that a registered professional nurse or licensed practical nurse may
confer with the psychologist certified to prescribe prior to executing the
psychologist´s
order. Nothing contained in this Code section shall be deemed to alter the
standard of care of the registered professional nurse or the licensed practical
nurse applicable to the evaluation and execution of orders, including an order
of a psychologist certified to
prescribe."
SECTION 8.
This Act shall become effective on January 1,
2002.
SECTION 9.
All laws and parts of laws in conflict with this Act are
repealed.