The recent press release by the American Psychiatric Association concerning implementation of the New Mexico prescription privileges contains misleading points that we thought it important to clarify.
As of today, New Mexico's regulations implementing its RxP law become effective, making it the first state where appropriately trained and certified psychologists may prescribe psychotropic medication. However, despite good faith efforts by the psychology board in collaboration with the medical board to draft the RxP regulations consistent with the enacted statute, psychology will need to return to the state legislature this year to accomplish two technical amendments to the original statute in order to facilitate the implementation of optimal regulations.
First, psychology seeks to revise the statutory definition of " formulary " so that prescribing psychologists may follow the best practices model, allowing them to prescribe off-label uses for medications commonly used for treating mental health disorders and medications to treat adverse reactions to psychotropic medications. Seemingly contrary to what was initially intended, the law, as currently written, allows appropriately trained and certified psychologists to only prescribe those psychotropics explicitly approved by the FDA for mental health disorders, thereby not including "off label" uses of medications that have become customary practice in the treatment of mental health disorders. Psychiatry's press release misstates this issue and alleges that psychology seeks to expand its scope of prescribing and pharmacologically treat medical conditions as well as mental health conditions.
Second, psychology seeks to add language to clarify the intent of the law that an applicant for a conditional prescribing certificate be a licensed psychologist, irrespective of the type of doctoral degree upon which the license is based (Ph.D., Ed.D. and Psy.D.) Specifically, the technical amendment seeks to add a grandparenting provision that makes it clear that all currently licensed psychologists with doctoral degrees who have completed the required training in psychopharmacology and passed the national exam are eligible to be certified to prescribe. The ApA 's press release misrepresents this proposed technical amendment to be an attempt to weaken the educational criteria necessary for eligibility.
-----Original Message-----
From: Assc. of Psychologists for Prescriptive Authority
[mailto:[email protected]]On Behalf Of Gordon I. Herz, PhD
Sent: Friday, January 07, 2005 7:27 AM
To: [email protected]
Subject: [ASAP] Am Psychiat Assn Press Release on NM Law
Colleagues,
I am forwarding the following post from Ken Pope with his kind permission.
Regards,
Gordon Herz
Division 55 WebSteward
========================================================
The American Psychiatric Association has just issued the following press
release:
APA Opposes Implementation, Expansion of New Mexico's
Psychologist-Prescribing Law
1/6/2005 6:15:00 PM
To: National Desk
Contact: Jason Young, 703-907-8582 or
<http://email.secureserver.net/[email protected]>[email protected],
Jessica Mikulski,
703-907-8562 or
<http://email.secureserver.net/[email protected]>[email protected],
both of the American Psychiatric
Association
ARLINGTON, Va., Jan. 6 -- Today the American Psychiatric Association (APA)
reiterated its opposition to New Mexico's psychologist-prescribing law,
which will take effect tomorrow, January 7, after a long and controversial
process to develop regulations for it. The law originally passed in 2002 and
would grant psychologists -- who are not physicians and who lack sufficient
medical training -- the right to prescribe psychotropic medications. In
recent months there has been rumor of an effort to expand the scope of the
dangerous law and weaken the educational criteria through legislation
expected in the upcoming session of the state legislature.
"We believe the current law is a threat to public health and safety in New
Mexico," wrote APA Medical Director James H. Scully Jr., M.D., in a letter
to New Mexico Gov. Bill Richardson. "We are particularly disturbed by
ongoing reports that legislation will be introduced in the pending session
of the legislature to both broaden the reach of the current law and weaken
the educational standards established under current law even before the
current law, as inadequate as it may be, is in place and any psychologists
have gone through the conditional supervised program. ... Weakening the
standards or broadening the scope in this precipitous manner is folly. On
behalf of our patients, we respectfully urge you to strongly oppose any such
legislation."
The APA's other deep concerns over the law, its implementation and its
possible expansion include:
-- The law and regulations fail to protect patient safety. The regulations,
as adopted, would potentially allow for a prescribing psychologist to not
have any contact with a psychiatrist throughout his or her training, and
then, after the final certification is approved, collaborate with a nurse
practitioner as the primary treating health care practitioner. The APA
believes exposure to trained medical specialists is vital to patient safety.
-- We believe that psychologists should not be allowed to prescribe to
children and the elderly, who have physiologic and pathophysiologic
differences well beyond the scope of the training. The recent debate over
the severe side effects and complications of antidepressants in children
only underscore this point.
-- And, although the law was passed to address access to care issues, there
is nothing in the regulations to encourage prescribing psychologists to
serve in underserved communities. Such areas may include rural parts of the
state, inner city communities and American Indian reservations.
To view Dr. Scully's letter to Gov. Richardson, visit the APA's Web site
As of today, New Mexico's regulations implementing its RxP law become effective, making it the first state where appropriately trained and certified psychologists may prescribe psychotropic medication. However, despite good faith efforts by the psychology board in collaboration with the medical board to draft the RxP regulations consistent with the enacted statute, psychology will need to return to the state legislature this year to accomplish two technical amendments to the original statute in order to facilitate the implementation of optimal regulations.
First, psychology seeks to revise the statutory definition of " formulary " so that prescribing psychologists may follow the best practices model, allowing them to prescribe off-label uses for medications commonly used for treating mental health disorders and medications to treat adverse reactions to psychotropic medications. Seemingly contrary to what was initially intended, the law, as currently written, allows appropriately trained and certified psychologists to only prescribe those psychotropics explicitly approved by the FDA for mental health disorders, thereby not including "off label" uses of medications that have become customary practice in the treatment of mental health disorders. Psychiatry's press release misstates this issue and alleges that psychology seeks to expand its scope of prescribing and pharmacologically treat medical conditions as well as mental health conditions.
Second, psychology seeks to add language to clarify the intent of the law that an applicant for a conditional prescribing certificate be a licensed psychologist, irrespective of the type of doctoral degree upon which the license is based (Ph.D., Ed.D. and Psy.D.) Specifically, the technical amendment seeks to add a grandparenting provision that makes it clear that all currently licensed psychologists with doctoral degrees who have completed the required training in psychopharmacology and passed the national exam are eligible to be certified to prescribe. The ApA 's press release misrepresents this proposed technical amendment to be an attempt to weaken the educational criteria necessary for eligibility.
-----Original Message-----
From: Assc. of Psychologists for Prescriptive Authority
[mailto:[email protected]]On Behalf Of Gordon I. Herz, PhD
Sent: Friday, January 07, 2005 7:27 AM
To: [email protected]
Subject: [ASAP] Am Psychiat Assn Press Release on NM Law
Colleagues,
I am forwarding the following post from Ken Pope with his kind permission.
Regards,
Gordon Herz
Division 55 WebSteward
========================================================
The American Psychiatric Association has just issued the following press
release:
APA Opposes Implementation, Expansion of New Mexico's
Psychologist-Prescribing Law
1/6/2005 6:15:00 PM
To: National Desk
Contact: Jason Young, 703-907-8582 or
<http://email.secureserver.net/[email protected]>[email protected],
Jessica Mikulski,
703-907-8562 or
<http://email.secureserver.net/[email protected]>[email protected],
both of the American Psychiatric
Association
ARLINGTON, Va., Jan. 6 -- Today the American Psychiatric Association (APA)
reiterated its opposition to New Mexico's psychologist-prescribing law,
which will take effect tomorrow, January 7, after a long and controversial
process to develop regulations for it. The law originally passed in 2002 and
would grant psychologists -- who are not physicians and who lack sufficient
medical training -- the right to prescribe psychotropic medications. In
recent months there has been rumor of an effort to expand the scope of the
dangerous law and weaken the educational criteria through legislation
expected in the upcoming session of the state legislature.
"We believe the current law is a threat to public health and safety in New
Mexico," wrote APA Medical Director James H. Scully Jr., M.D., in a letter
to New Mexico Gov. Bill Richardson. "We are particularly disturbed by
ongoing reports that legislation will be introduced in the pending session
of the legislature to both broaden the reach of the current law and weaken
the educational standards established under current law even before the
current law, as inadequate as it may be, is in place and any psychologists
have gone through the conditional supervised program. ... Weakening the
standards or broadening the scope in this precipitous manner is folly. On
behalf of our patients, we respectfully urge you to strongly oppose any such
legislation."
The APA's other deep concerns over the law, its implementation and its
possible expansion include:
-- The law and regulations fail to protect patient safety. The regulations,
as adopted, would potentially allow for a prescribing psychologist to not
have any contact with a psychiatrist throughout his or her training, and
then, after the final certification is approved, collaborate with a nurse
practitioner as the primary treating health care practitioner. The APA
believes exposure to trained medical specialists is vital to patient safety.
-- We believe that psychologists should not be allowed to prescribe to
children and the elderly, who have physiologic and pathophysiologic
differences well beyond the scope of the training. The recent debate over
the severe side effects and complications of antidepressants in children
only underscore this point.
-- And, although the law was passed to address access to care issues, there
is nothing in the regulations to encourage prescribing psychologists to
serve in underserved communities. Such areas may include rural parts of the
state, inner city communities and American Indian reservations.
To view Dr. Scully's letter to Gov. Richardson, visit the APA's Web site
