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THE SENATE |
S.B. NO. |
847 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO PSYCHOLOGISTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to establish a three-year pilot program to allow qualified psychologists under the supervision of a supervising psychiatrist to prescribe certain psychotropic medications for the treatment of mental illness to patients between the ages of eighteen and sixty-five who are under the psychologist's care at a federally qualified health center located in the county of Kauai.
PART II
SECTION 2.
(a) Beginning July 1, 2028, there
is established a three-year pilot program to be administered by the state
health planning and development agency, in partnership with the board of
psychology, to allow clinical psychologists licensed pursuant to chapter 465,
Hawaii Revised Statutes, to prescribe psychotropic medications under the
supervision of a supervising psychiatrist only to patients between the ages of
eighteen and sixty-five years who are being treated by the psychologist at a
federally qualified health center located in the county of Kauai.
(b) A licensed clinical psychologist may participate in the pilot program established pursuant to this Act if the psychologist:
(1) Is licensed pursuant to section 465-7, Hawaii Revised Statutes;
(2) Has, at a minimum, completed an education and training program in clinical psychopharmacology that is designated by the American Psychological Association to prepare licensed psychologists for prescriptive authority and approved by the board of psychology;
(3) Has passed the Psychopharmacology Examination for Psychologists or an equivalent national examination approved by the board of psychology that is relevant to establishing competence for prescriptive practice;
(4) Is employed, including as a contract provider, by a federally qualified health center located in the county of Kauai; and
(5) Meets any other requirements established by the board of psychology.
(c) The board of psychology shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to implement the purpose of this Act.
(d) The state health planning and development agency shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2030. The report shall include a recommendation on whether to:
(1) Expand the pilot program to other underserved areas in the State;
(2) Make prescriptive authority for qualified psychologists permanent statewide; or
(3) Permanently end the pilot program.
(e) The pilot program shall cease to exist on June 30, 2031.
(f) For
the purposes of this Act:
"Federally
qualified health center" has the same meaning as in title 42 United
States Code section 1396d(1)(2).
"Prescriptive authority" means
the authority to prescribe, administer, discontinue, or distribute without
charge, drugs or controlled substances
recognized in or customarily used in the diagnosis, treatment, and management
of individuals with psychiatric, mental, cognitive, nervous, emotional, or
behavioral disorders, or other procedures directly related thereto within the scope
of practice of psychology in accordance with rules adopted by the board of
psychology.
"Psychopharmacology" means the use of psychoactive
drugs in the treatment and control of mental disorders or psychiatric disease.
"Psychotropic medication" means only those agents related to the diagnosis and treatment of mental and emotional disorders including controlled substances but not including narcotics. "Psychotropic medication" does not include any agent placed in schedules II through V of part II of chapter 329, Hawaii Revised Statutes, or the off-label use of any agent not formulated or primarily prescribed for the diagnosis and treatment of mental and emotional disorders.
"Supervising psychiatrist" means a psychiatrist licensed to practice medicine in the State who supervises a licensed clinical psychologist practicing at a federally qualified health center located in Kauai and accepts professional responsibility for the provision of psychotropic medication by the licensed clinical psychologist.
PART
III
SECTION 3. Section 329-1, Hawaii Revised Statutes, is amended as follows:
1. By adding a new definition to be appropriately inserted and to read:
""Psychologist certified to prescribe" means a clinical psychologist licensed in the State who is participating in the pilot program established pursuant to Act , Regular Session of 2026, but who is not authorized to request, receive, or sign for professional controlled substance samples."
2. By amending the definition of "practitioner" to read:
""Practitioner" means:
(1) A physician, dentist, veterinarian, scientific investigator, or other person licensed and registered under section 329-32 to distribute, dispense, or conduct research with respect to a controlled substance in the course of professional practice or research in this State;
(2) An advanced practice registered nurse with prescriptive authority licensed and registered under section 329-32 to prescribe and administer controlled substances in the course of professional practice in this State;
(3) A
licensed midwife practicing as a certified midwife registered under section
329-32 to prescribe and administer controlled substances in the course of
professional practice in this State; [and]
(4) A licensed psychologist certified to prescribe registered under section 329-32 to prescribe and dispense controlled substances in accordance with the requirements and limitations of the pilot program established pursuant to Act , Regular Session of 2026; and
[(4)] (5) A pharmacy, hospital, or other institution
licensed, registered, or otherwise permitted 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."
PART IV
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval and shall be repealed on June 30, 2031.
Report Title:
SHPDA; Board of Psychology; Prescriptive Authority; Clinical Psychologists; Pilot Program; Supervising Psychiatrists; Federally Qualified Health Centers; Kauai; Rules; Report
Description:
Establishes a three-year pilot program in the County of Kauai to allow qualified psychologists under the supervision of a supervising psychiatrist limited authority to prescribe psychotropic medications to patients between the ages of eighteen and sixty-five years under the care of the psychologist. Requires the Board of Psychology to adopt rules. Requires the State Health Planning and Development Agency to report to the Legislature. Sunsets 6/30/2031. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.