Amendments for HB23-1071
House Journal, February 8
9 Amendment No.1, by Representative Amabile:
10
11 Amend printed bill, page 6, lines 9 and 10, strike "A CONDITIONAL
12 PRESCRIPTION CERTIFICATE OR".
13
14 Page 6, line 12, strike "Conditional prescription" and substitute
15 "Prescription".
16
17 Page 6, line 13, strike "CONDITIONAL".
18
19 Page 6, strike line 18 and substitute "AN APPROVED".
20
21 Page 6, lines 24 and 25, strike "APPROVED BY THE BOARD AND" and
22 substitute "ANY EDUCATION AS SET FORTH IN RULES PROMULGATED BY
23 THE BOARD WITH APPROVAL OF".
24
25 Page 7, line 14, strike "ONE YEAR" and substitute "TWELVE MONTHS".
26
27 Page 7, line 15, strike "TWO YEARS," and substitute "TWENTY-FOUR
28 MONTHS,".
29
30 Page 7, strike lines 18 through 23 and substitute:
31
32 "(A) A ONE-TO-ONE, IN-PERSON SUPERVISED PRACTICUM, OF AT
33 LEAST SEVEN HUNDRED FIFTY HOURS TREATING AT LEAST ONE HUNDRED
34 FIFTY CLIENTS WITH".
35
36 Page 8, after line 1 insert:
37
38 "(B) INCLUDED IN THE THE SEVENTY HUNDRES FIFTY HOURS
39 REQUIRED IN SUBSECTION (2)(a)(IV)(B) OF THIS SECTION AT LEAST AN
40 EIGHTY-HOUR PRACTICUM IN OBSERVATIONAL CLINICAL ASSESSMENT AND
41 PATHOPHYSIOLOGY UNDER THE SUPERVISION OF AN INDEPENDENTLY
42 LICENSED PRESCRIBING PHYSICIAN; AND
43 (C) IF THE LICENSED PSYCHOLOGIST IS WORKING WITH PEDIATRIC
44 OR GERIATRIC PATIENTS, AT LEAST TWO HUNDRED FIFTY OF THE SEVEN
45 HUNDRED FIFTY HOURS REQUIRED IN SUBSECTION (2)(a)(IV)(B) OF THIS
46 SECTION UNDER THE SUPERVISION OF ONE OR MORE INDEPENDENT
47 LICENSED PRESCRIBING CLINICIANS WHO WORK WITH PEDIATRIC OR
48 GERIATRIC PATIENTS, WHICHEVER IS APPLICABLE, IF THE LICENSED
49 PSYCHOLOGIST IS WORKING WITH PEDIATRIC OR GERIATRIC PATIENTS;".
50
51 Page 8, strike lines 2 through 27.
52
53 Page 9, strike lines 1 through 20 and substitute:
54
55
1 "(V) HAS SUCCESSFULLY UNDERGONE A PROCESS OF INDEPENDENT
2 PEER REVIEW AS SET FORTH IN RULE OF THE BOARD AND APPROVED BY THE
3 COLORADO MEDICAL BOARD;".
4
5 Renumber succeeding subsections accordingly.
6
7 Page 9, line 21, strike "(III)" and substitute "(VI)".
8
9 Page 9, line 27 strike "(IV)" and substitute "(VII)".
10
11 Page 10, line 4, strike "(3)(a)" and substitute "(2)(a)".
12
13 Page 10, line 10, strike "(3)(a)(III)" and substitute "(2)(a)(VI)".
14
15 Page 11, lines 5 and 6, strike "A CONDITIONAL PRESCRIPTION CERTIFICATE
16 AND".
17
18 Page 11, strike line 10 and substitute "REVOCATION OF A".
19
20 Page 11, strike lines 15 and 16 and substitute "PSYCHOLOGIST MAY:".
21
22 Page 14, lines 23 and 24, strike "OR LICENSED PSYCHOLOGIST WITH A
23 CONDITIONAL PRESCRIPTION CERTIFICATE".
24
25 Page 15, strike lines 9 through 20 and substitute "PRESCRIBING
26 PSYCHOLOGIST SHALL COMPLY WITH APPLICABLE STATE AND FEDERAL
27 LAWS.".
28
29 Renumber succeeding subsections accordingly.
30
31 Page 15, lines 22 and 23 strike "AND LICENSED PSYCHOLOGIST WITH A
32 CONDITIONAL PRESCRIPTION CERTIFICATE".
33
34 Page 16, strike lines 5 through 7 and substitute:
35
36 "(I) THE NUMBER OF PRESCRIBING PSYCHOLOGISTS IN THIS
37 STATE;".
38
39 Page 16, strike lines 9 and 10 and substitute "PSYCHOLOGIST;".
40
41 Page 16, line 11, strike "AND LICENSED".
42
43 Page 16, strike line 12 and substitute "WHO".
44
45 Page 16, line 16, strike "PSYCHOLOGIST" and substitute "PSYCHOLOGIST;
46 AND".
47
48 Page 16, strike lines 17 and 18.
49
50 Page 16, strike lines 20 and 21 and substitute "PSYCHOLOGIST.".
51
52 Amendment No. 2, by Representative Amabile:
53
54 Amend the Amabile floor amendment (HB1071_L.004), page 1, strike
55 line 18 and substitute:
56
1 ""(B) INCLUDED IN THE SEVEN HUNDRED FIFTY HOURS".
2
3 Amendment No. 3, by Representative Bradfield:
4
5 Amend printed bill, page 5, line 13, strike "(2) introductory portion and".
6
7 Page 5, line 15, strike "seven NINE" and substitute "seven".
8
9 Page 5, line 17, strike "Four SIX" and substitute "Four".
10
11 Page 5, strike line 19 and substitute "AND ONE OF WHOM IS A PRESCRIBING
12 PSYCHOLOGIST; except that, if,".
13
14 Page 10, strike lines 11 and 12 and substitute:
15
16 "(III) COMPLETES AT LEAST FORTY HOURS OF CONTINUING
17 EDUCATION EVERY TWO YEARS IN THE AREAS OF PHARMACOLOGY AND".
18
19 Page 14, strike line 27.
20
21 Page 15, strike lines 1 through 6 and substitute:
22
23 "(7) Complaints. THE COLORADO MEDICAL BOARD SHALL REVIEW
24 COMPLAINTS IN THE NORMAL COURSE OF BUSINESS AND MAKE
25 RECOMMENDATIONS TO THE BOARD REGARDING VIOLATIONS OF THIS
26 SECTION AND DISCIPLINARY ACTION TO BE TAKEN BY THE BOARD, IF
27 APPLICABLE.".
28
29 Amendment No. 4, by Representative Bradfield:
30
31 Amend printed bill, page 15, after line 20 insert:
32
33 "(10) Disclosure. A PRESCRIBING PSYCHOLOGIST SHALL DISCLOSE
34 TO EACH PATIENT TO WHOM THE PSYCHOLOGIST PRESCRIBES A
35 PSYCHOTROPIC MEDICATION THAT THE PSYCHOLOGIST IS NOT A PHYSICIAN
36 LICENSED TO PRACTICE MEDICINE. THE DISCLOSURE MUST BE IN WRITING,
37 SIGNED BY THE PATIENT, AND KEPT IN THE PATIENT'S RECORD ON FILE
38 WITH THE PSYCHOLOGIST.".
39
40 Amendment No. 5, by Representative Bradley:
41
42 Amend printed bill, page 15, after line 20, insert:
43
44 "(10) A PRESCRIBING PSYCHOLOGIST SHALL NOT PRESCRIBE ANY
45 DRUG TO A PERSON UNDER EIGHTEEN YEARS OF AGE WITHOUT INFORMED
46 CONSENT FROM THE PARENT OR GUARDIAN OF SUCH PERSON.".
47
48 Renumber succeeding subsections accordingly.
Senate Journal, February 17
Amend reengrossed bill, page 3, strike lines 6 through 10 and substitute "part
3 "INDEPENDENTLY LICENSED PRESCRIBING PHYSICIAN" MEANS A PHYSICIAN
LICENSED PURSUANT TO ARTICLE 240 OF THIS TITLE 12 WHO SUPERVISES
LICENSED PSYCHOLOGISTS PARTICIPATING IN PRACTICUMS DESCRIBED IN
SECTION 12-245-309 (2)(a)(IV).".
Page 3, strike lines 20 through 24 and substitute ""LICENSED PSYCHOLOGIST"
MEANS A PERSON LICENSED PURSUANT TO THIS PART 3.".
Page 3, line 26, strike ""LICENSED".
Page 3, strike line 27.
Page 4, strike line 1 and substitute ""NARCOTIC DRUG" HAS THE SAME MEANING
AS SET FORTH IN".
Page 4, line 3, strike "(8)" and substitute "(7)".
Renumber succeeding subsections accordingly.
Page 4, line 6, strike "BOARD" and substitute "BOARD, WITH APPROVAL OF THE
COLORADO MEDICAL BOARD,".
Page 5, strike lines 5 through 9.
Renumber succeeding subsection accordingly.
Page 7, line 6, strike "AND".
Page 7, strike line 7 and substitute:
"(G) CLINICAL PHARMACOTHERAPEUTICS; AND
(H) BASIC SCIENCES, INCLUDING GENERAL BIOLOGY, MICROBIOLOGY,
CELL AND MOLECULAR BIOLOGY, HUMAN ANATOMY, HUMAN PHYSIOLOGY,
BIOCHEMISTRY, AND GENETICS, AS PART OF OR PRIOR TO ENROLLMENT IN A
MASTER OF SCIENCE DEGREE PROGRAM IN CLINICAL PSYCHOPHARMACOLOGY.".
Page 7, line 26, strike "(2)(a)(IV)(B) OF THIS SECTION" and substitute
"(2)(a)(IV)(A) OF THIS SECTION,".
Page 8, lines 3 and 4, strike "PEDIATRIC OR GERIATRIC PATIENTS," and substitute
"PATIENTS UNDER EIGHTEEN YEARS OF AGE OR OVER SIXTY-FIVE YEARS OF
AGE,".
Page 8, line 5, strike "(2)(a)(IV)(B)" and substitute "(2)(a)(IV)(A)".
Page 8, lines 7 and 8, strike "PEDIATRIC OR GERIATRIC PATIENTS," and substitute
"PATIENTS UNDER EIGHTEEN YEARS OF AGE OR OVER SIXTY-FIVE YEARS OF
AGE,".
Page 8, line 9, strike "PEDIATRIC OR GERIATRIC PATIENTS;" and substitute "SUCH
PATIENTS;"
Page 10, line 14, strike "CLIENT" and substitute "PATIENT".
Page 10, lines 14 and 15, strike "OR THE LICENSED PSYCHOLOGIST WITH A
CONDITIONAL PRESCRIPTION CERTIFICATE".
Page 10, lines 16 and 17, strike "HEALTH-CARE PROVIDER WHO OVERSEES THE
CLIENT'S" and substitute "PHYSICIAN WHO OVERSEES THE PATIENT'S".
Page 10, line 19, strike "CLIENT'S" and substitute "PATIENT'S".
Page 10, line 20, strike "CLIENT'S" and substitute "PATIENT'S".
Page 10, line 24, strike "CLIENT OR THE CLIENT'S" and substitute "PATIENT OR
THE PATIENT'S".
Page 10, strike line 26 and substitute "PATIENT'S PRIMARY TREATING PHYSICIAN,
AS REQUIRED BY".
Page 11, line 1, strike "CLIENT OR THE CLIENT'S" and substitute "PATIENT OR
THE PATIENT'S".
Page 11, line 2, strike "CLIENT'S" and substitute "PATIENT'S".
Page 11, line 3, strike "HEALTH-CARE PROVIDER," and substitute "PHYSICIAN
WHO OVERSEES THE PATIENT,".
Page 11, line 6, strike "CLIENT" and substitute "PATIENT".
Page 11, line 8, strike "HEALTH-CARE PROVIDER;" and substitute "PHYSICIAN;".
Page 11, line 9, strike "CLIENT" and substitute "PATIENT".
Page 11, strike line 11 and substitute "WITH A PHYSICIAN.".
Page 11, strike lines 12 through 16 and substitute:
"(III) BEFORE PRESCRIBING OR ADMINISTERING A PSYCHOTROPIC
MEDICATION TO A PATIENT, A PRESCRIBING PSYCHOLOGIST SHALL
COMMUNICATE TO THE PATIENT'S PRIMARY TREATING PHYSICIAN THE INTENT TO
PRESCRIBE OR ADMINISTER THE MEDICATION AND MUST RECEIVE ELECTRONIC
WRITTEN AGREEMENT FROM THE PHYSICIAN THAT THE PRESCRIPTION FOR OR
ADMINISTERING OF THE MEDICATION IS APPROPRIATE.".
Page 11, line 17, strike "CLIENT" and substitute "PATIENT".
Page 11, line 18, strike "PROVIDER," and substitute "PROVIDER WHO IS A
LICENSED PHYSICIAN,".
Page 11, line 20, strike "CLIENT TO A HEALTH-CARE PROVIDER" and substitute
"PATIENT TO A LICENSED PHYSICIAN".
Page 11, line 22, strike "HEALTH-CARE PROVIDER'S" and substitute "LICENSED
PHYSICIAN'S".
Page 11, line 23, strike "HEALTH-CARE PROVIDER" and substitute "LICENSED
PHYSICIAN".
Page 11, strike line 25 and substitute "PATIENT.".
Page 11, strike line 27.
Page 12, strike line 1 and substitute "THE PRIMARY TREATING PHYSICIAN TO
WHOM THE PSYCHOLOGIST REFERS THE PATIENT PURSUANT TO".
Page 12, line 2, strike "(6)(c)(IV)" and substitute "(5)(c)(IV)".
Page 12, strike line 10.
Page 12, line 11, strike "PROVIDER" and substitute "PRIMARY TREATING
PHYSICIAN".
Page 12, line 12, strike "(6)(c)(IV)" and substitute "(5)(c)(IV)" and strike
"CLIENT" and substitute "PATIENT".
Page 12, line 14, strike "CLIENT'S" and substitute "PATIENT'S".
Page 12, strike lines 15 and 16 and substitute "THE PATIENT IS BEING TREATED
BY THE PRIMARY TREATING PHYSICIAN;".
Page 12, strike lines 19 and 20, and substitute "PRIMARY TREATING PHYSICIAN
TO WHOM THE PSYCHOLOGIST REFERS THE PATIENT PURSUANT TO".
Page 12, line 21, strike "(6)(c)(IV)" and substitute "(5)(c)(IV)".
Page 12, line 22, strike "CLIENT" and substitute "PATIENT".
Page 12, strike line 27.
Page 13, line 1, strike "PROVIDER" and substitute "PRIMARY TREATING
PHYSICIAN"and strike "CLIENT" and substitute "PATIENT".
Page 13, line 3, strike "CLIENT'S" and substitute "PATIENT'S".
Page 13, strike lines 4 through 11 and substitute "THE MEDICAL TREATMENT
BEING PROVIDED BY THE PHYSICIAN.".
Page 13, line 13, strike "CLIENT" and substitute "PATIENT".
Page 14, line 2, strike "MEDICINE." and substitute "MEDICINE, AND WILL BE
SHARING INFORMATION REGARDING THE DELIVERY OF PRESCRIBING SERVICES
TO THE PATIENT'S PRIMARY TREATING HEALTH-CARE PROVIDER AS REQUIRED BY
LAW.".
Strike "OR A LICENSED PSYCHOLOGIST WITH A CONDITIONAL PRESCRIPTION
CERTIFICATE" on: Page 10, lines 22 and 23.
Strike "OR LICENSED PSYCHOLOGIST WITH A CONDITIONAL PRESCRIPTION
CERTIFICATE" on: Page 11, lines 3 and 4, and 18 and 19; and Page 12, lines 3
and 4, 8 and 9, 17 and 18, and 25 and 26.
Senate Journal, February 22
Amend reengrossed bill, page 7, line 12, strike "CLINICIANS" and substitute
"PHYSICIANS".
Page 7, line 21, strike "CLINICIANS" and substitute "PHYSICIANS".
Page 8, line 6, strike "INDEPENDENT" and substitute "INDEPENDENTLY".
Page 8, line 7, strike "CLINICIANS" and substitute "PHYSICIANS".
Amendment No. 3(L.018), by Senator Fenberg.
Amend reengrossed bill, page 2, after line 1 insert:
"SECTION 1. In Colorado Revised Statutes, 12-30-109, amend (1)(b),
(4)(e), and (4)(f); and add (4)(g) as follows:
12-30-109. Prescriptions - limitations - definition - rules.
(1) (b) Prior to prescribing any opioid or benzodiazepine prescription pursuant
to this section, a prescriber must comply with section 12-280-404 (4). Failure
to comply with section 12-280-404 (4) constitutes unprofessional conduct or
grounds for discipline, as applicable, under section 12-220-201, 12-240-121,
12-245-224, 12-255-120, 12-275-120, 12-290-108, or 12-315-112, as applicable
to the particular prescriber, only if the prescriber repeatedly fails to comply.
(4) As used in this section, "prescriber" means:
(e) A podiatrist licensed pursuant to article 290 of this title 12; or
(f) A veterinarian licensed pursuant to part 1 of article 315 of this title
12; or
(g) A LICENSED PSYCHOLOGIST WITH PRESCRIPTIVE AUTHORITY
PURSUANT TO SECTION 12-245-309.".
Renumber succeeding sections accordingly.
Amendment No. 4(L.019), by Senator Fenberg.
Amend printed bill, page 2, after line 1 insert:
"SECTION 1. In Colorado Revised Statutes, 12-245-224, add (3) as
follows:
12-245-224. Prohibited activities - related provisions - definition.
(3) (a) THE BOARD SHALL DESIGN AND SEND A QUESTIONNAIRE TO ALL
LICENSED PSYCHOLOGISTS WITH PRESCRIPTIVE AUTHORITY WHO APPLY FOR
LICENSE RENEWAL. EACH APPLICANT FOR LICENSE RENEWAL SHALL COMPLETE
THE BOARD-DESIGNED QUESTIONNAIRE. THE PURPOSE OF THE QUESTIONNAIRE
IS TO DETERMINE WHETHER A LICENSEE HAS ACTED IN VIOLATION OF THIS PART
2 OR HAS BEEN DISCIPLINED FOR ANY ACTION THAT MIGHT BE CONSIDERED A
VIOLATION OF THIS PART 2 OR THAT MIGHT MAKE THE LICENSEE UNFIT TO
PRACTICE PSYCHOLOGY WITH REASONABLE CARE AND SAFETY. THE BOARD
SHALL INCLUDE ON THE QUESTIONNAIRE A QUESTION REGARDING WHETHER THE
LICENSEE HAS COMPLIED WITH SECTION 12-30-111 AND IS IN COMPLIANCE WITH
SECTION 12-280-403 (2)(a). IF AN APPLICANT FAILS TO ANSWER THE
QUESTIONNAIRE ACCURATELY, THE FAILURE CONSTITUTES GROUNDS FOR
DISCIPLINE UNDER THIS SECTION. THE BOARD MAY INCLUDE THE COST OF
DEVELOPING AND REVIEWING THE QUESTIONNAIRE IN THE FEE PAID PURSUANT
TO SECTION 12-245-205 OF THIS SECTION. THE BOARD MAY DENY AN
APPLICATION FOR LICENSE RENEWAL THAT DOES NOT ACCOMPANY AN
ACCURATELY COMPLETED QUESTIONNAIRE.
(b) ON AND AFTER JULY 1, 2024, AS A CONDITION OF RENEWAL OF A
LICENSE, EACH LICENSEE SHALL ATTEST THAT THE LICENSEE IS IN COMPLIANCE
WITH SECTION 12-280-403 (2)(a) AND THAT THE LICENSEE IS AWARE OF THE
PENALTIES FOR NONCOMPLIANCE WITH THAT SECTION.".
Renumber succeeding sections accordingly.
As amended, ordered revised and placed on the calendar for third reading and final
passage.