S.F. 2188 Section 1. Section 123.3, subsection 35, Code 2016, is 1 amended to read as follows: 2 35. “Pharmacy” means a drug store in which drugs and 3 medicines are exposed for sale and sold at retail, or in which 4 prescriptions of licensed physicians and surgeons, dentists, 5 prescribing psychologists, or veterinarians are compounded and 6 sold by a registered pharmacist. 7 Sec. 2. Section 124.101, subsection 26, paragraph a, Code 8 2016, is amended to read as follows: 9 a. A physician, dentist, podiatric physician, prescribing 10 psychologist, veterinarian, scientific investigator or 11 other person licensed, registered , or otherwise permitted to 12 distribute, dispense, conduct research with respect to , or to 13 administer a controlled substance in the course of professional 14 practice or research in this state. 15 Sec. 3. Section 147.107, subsections 1 and 2, Code 2016, are 16 amended to read as follows: 17 1. A person, other than a pharmacist, physician, 18 dentist, podiatric physician, prescribing psychologist, or 19 veterinarian who dispenses as an incident to the practice of 20 the practitioner’s profession, shall not dispense prescription 21 drugs or controlled substances. 22 2. a. A pharmacist, physician, dentist, or podiatric 23 physician , or prescribing psychologist who dispenses 24 prescription drugs, including but not limited to controlled 25 substances, for human use, may delegate nonjudgmental 26 dispensing functions to staff assistants only when verification 27 of the accuracy and completeness of the dispensing is 28 determined by the pharmacist or practitioner in the 29 pharmacist’s or practitioner’s physical presence. However, the 30 physical presence requirement does not apply when a pharmacist 31 or practitioner is utilizing an automated dispensing system or 32 when a pharmacist is utilizing a tech-check-tech program, as 33 defined in section 155A.3 . When using an automated dispensing 34 system the pharmacist or practitioner shall utilize an 35 -1- SF 2188 (7) 86 rh/nh/jh 1/ 10

S.F. 2188 internal quality control assurance plan that ensures accuracy 1 for dispensing. When using a tech-check-tech program the 2 pharmacist shall utilize an internal quality control assurance 3 plan, in accordance with rules adopted by the board of 4 pharmacy, that ensures accuracy for dispensing. Verification 5 of automated dispensing and tech-check-tech accuracy and 6 completeness remains the responsibility of the pharmacist or 7 practitioner and shall be determined in accordance with rules 8 adopted by the board of pharmacy, the board of medicine, the 9 dental board, and the board of podiatry , and the board of 10 psychology for their respective licensees. 11 b. A dentist, physician, or podiatric physician , or 12 prescribing psychologist who dispenses prescription drugs, 13 other than drug samples, pursuant to this subsection , shall 14 report the fact that they dispense prescription drugs with the 15 practitioner’s respective board at least biennially. 16 c. A physician, dentist, or podiatric physician , or 17 prescribing psychologist who dispenses prescription drugs, 18 other than drug samples, pursuant to this subsection , shall 19 offer to provide the patient with a written prescription that 20 may be dispensed from a pharmacy of the patient’s choice or 21 offer to transmit the prescription orally, electronically, or 22 by facsimile in accordance with section 155A.27 to a pharmacy 23 of the patient’s choice. 24 Sec. 4. NEW SECTION . 148.13A Board authority over 25 physicians supervising certain psychologists. 26 The board of medicine shall, in consultation with the board 27 of psychology, establish by rule all of the following: 28 1. Specific minimum standards for the appropriate 29 supervision of a psychologist prescribing medication pursuant 30 to a conditional prescription certificate under chapter 154B. 31 Such standards shall include requiring a physician serving 32 as a supervising licensed physician to notify the board of 33 medicine of the identity of the psychologist the physician is 34 supervising and any change in the status of the supervisory 35 -2- SF 2188 (7) 86 rh/nh/jh 2/ 10

S.F. 2188 relationship. 1 2. The process for initiating and conducting disciplinary 2 proceedings under chapter 17A if a licensed physician 3 fails to adequately supervise a psychologist prescribing 4 psychotropic medications pursuant to a prescription certificate 5 under chapter 154B. The rule shall take into account the 6 deliberations of the board in making such a determination. 7 Sec. 5. Section 154B.1, Code 2016, is amended to read as 8 follows: 9 154B.1 Definition Definitions . 10 As used in this chapter, unless the context otherwise 11 requires: 12 1. “Board” means the board of psychology created under 13 chapter 147. 14 2. “Collaborative practice agreement” means a written 15 agreement between a prescribing psychologist and a licensed 16 physician that establishes clinical protocols, practice 17 guidelines, and care plans relevant to the scope of the 18 collaborative practice. The practice guidelines may include 19 limitations on the prescribing of psychotropic medications 20 by psychologists and protocols for prescribing to special 21 populations including patients who are less than seventeen 22 years of age or over sixty-five years of age, patients who 23 are pregnant, and patients with serious medical conditions 24 including but not limited to heart disease, cancer, stroke, 25 seizures, and patients with developmental disabilities and 26 intellectual disabilities. 27 3. “Collaborative relationship” means a cooperative 28 working relationship between a prescribing psychologist or a 29 psychologist with a conditional prescription certificate and a 30 licensed physician in the provision of patient care, including 31 diagnosis and cooperation in the management and delivery of 32 physical and mental health care. 33 4. “Conditional prescription certificate” means a document 34 issued by the board to a licensed psychologist that permits 35 -3- SF 2188 (7) 86 rh/nh/jh 3/ 10

S.F. 2188 the holder to prescribe psychotropic medication under the 1 supervision of a licensed physician pursuant to this chapter. 2 5. “Practice of psychology” means the application of 3 established principles of learning, motivation, perception, 4 thinking, and emotional relations to problems of behavior 5 adjustment, group relations, and behavior modification, 6 by persons trained in psychology for compensation or other 7 personal gain. The application of principles includes , but 8 is not limited to: Counseling and the use of psychological 9 remedial measures with persons, in groups or individually, 10 with adjustment or emotional problems in the areas of work, 11 family, school , and personal relationships; measuring and 12 testing personality, intelligence, aptitudes, public opinion, 13 attitudes, and skills; and the teaching of such subject matter, 14 and the conducting of research on the problems relating to 15 human behavior. 16 6. “Prescribing psychologist” means a licensed psychologist 17 who holds a valid prescription certificate. 18 7. “Prescription certificate” means a document issued by the 19 board to a licensed psychologist that permits the holder to 20 prescribe psychotropic medication pursuant to this chapter. 21 8. “Psychotropic medication” means a controlled substance 22 or dangerous drug that shall not be dispensed or administered 23 without a prescription and that has been approved by the 24 federal food and drug administration for the treatment of 25 mental disorders, as defined by the most current diagnostic 26 and statistical manual of mental disorders published by the 27 American psychiatric association or the most current version 28 of the international classification of diseases, and that is 29 listed as a psychotherapeutic agent in the American hospital 30 formulary service. “Psychotropic medication” does not include 31 narcotics. 32 Sec. 6. NEW SECTION . 154B.9 Drugs —— medicine. 33 1. Except as provided in subsections 2 and 3, a psychologist 34 shall not administer or prescribe drugs or medicine. 35 -4- SF 2188 (7) 86 rh/nh/jh 4/ 10

S.F. 2188 2. A licensed psychologist holding a conditional 1 prescription certificate may prescribe psychotropic medication 2 under the supervision of a licensed physician pursuant to this 3 chapter. 4 3. A prescribing psychologist may prescribe psychotropic 5 medication pursuant to this chapter. 6 Sec. 7. NEW SECTION . 154B.10 Conditional prescription 7 certificate. 8 1. An applicant for a conditional prescription certificate 9 shall be granted a certificate by the board if the applicant 10 satisfies all of the following requirements: 11 a. Holds a current license to practice psychology in this 12 state. 13 b. Completed pharmacological training from an institution 14 approved by the board or from a provider of continuing 15 education approved by the board. 16 c. Passed a national certification examination approved by 17 the board that tested the applicant’s knowledge of pharmacology 18 in the diagnosis, care, and treatment of mental disorders. 19 d. Within five years immediately preceding the date of 20 application, successfully completed a post-doctoral master of 21 science degree in clinical psychopharmacology approved by the 22 board of psychology. The program shall at a minimum include 23 coursework in neuroscience, pharmacology, psychopharmacology, 24 physiology, and appropriate and relevant physical and 25 laboratory assessments. 26 e. Within five years immediately preceding the date of 27 application, has been certified by the applicant’s supervising 28 physician as having successfully completed a supervised and 29 relevant clinical experience of no less than an eighty-hour 30 practicum in clinical assessment and pathophysiology and an 31 additional supervised practicum of at least four hundred 32 hours treating no fewer than one hundred patients with mental 33 disorders. The practica shall have been supervised by a 34 trained physician. The board shall determine whether the 35 -5- SF 2188 (7) 86 rh/nh/jh 5/ 10

S.F. 2188 practica is sufficient to competently train the applicant in 1 the treatment of a diverse patient population. 2 f. Possesses malpractice insurance that will cover the 3 applicant during the period the conditional prescription 4 certificate is in effect. 5 g. Meets all other requirements, as determined by rules 6 adopted by the board, for obtaining a conditional prescription 7 certificate. 8 2. A conditional prescription certificate is valid for four 9 years, at the end of which the holder may apply again pursuant 10 to the provisions of subsection 1. 11 3. A psychologist with a conditional prescription 12 certificate may prescribe psychotropic medication under the 13 supervision of a licensed physician subject to all of the 14 following conditions: 15 a. The psychologist shall continue to hold a current license 16 to practice psychology in this state and continue to maintain 17 malpractice insurance. 18 b. The psychologist shall inform the board of the name of 19 the physician under whose supervision the psychologist will 20 prescribe psychotropic medication and promptly inform the board 21 of any change of the supervising physician. 22 c. A physician supervising a psychologist prescribing 23 psychotropic medication pursuant to a conditional prescription 24 certificate shall be subject to disciplinary action pursuant to 25 section 148.13A for the acts and omissions of the psychologist 26 while under the physician’s supervision. This provision 27 does not relieve the psychologist from liability for the 28 psychologist’s acts and omissions. 29 Sec. 8. NEW SECTION . 154B.11 Prescription certificate. 30 1. An applicant for a prescription certificate shall be 31 granted a certificate by the board if the applicant satisfies 32 all of the following requirements: 33 a. Possesses a conditional prescription certificate and has 34 successfully completed two years of prescribing psychotropic 35 -6- SF 2188 (7) 86 rh/nh/jh 6/ 10

S.F. 2188 medication as certified by the supervising licensed physician. 1 An applicant for a prescription certificate who specializes 2 in the psychological care of children, elderly persons, or 3 persons with comorbid psychological conditions shall complete 4 at least one year prescribing psychotropic medications to such 5 populations as certified by the supervising licensed physician. 6 b. Holds a current license to practice psychology in this 7 state. 8 c. Possesses malpractice insurance that will cover the 9 applicant as a prescribing psychologist. 10 d. Meets all other requirements, as determined by rules 11 adopted by the board, for obtaining a prescription certificate. 12 2. A psychologist with a prescription certificate may 13 prescribe psychotropic medication pursuant to the provisions of 14 this chapter subject to the following conditions: 15 a. The psychologist continues to hold a current license to 16 practice psychology in this state and maintains malpractice 17 insurance. 18 b. The psychologist annually satisfies the continuing 19 education requirements for prescribing psychologists, as 20 determined by the board, which shall be no fewer than twenty 21 hours each year. 22 c. The psychologist has entered into a collaborative 23 practice agreement with a licensed physician. 24 Sec. 9. NEW SECTION . 154B.12 Prescribing practices. 25 1. A prescribing psychologist or a psychologist with 26 a conditional prescription certificate may administer and 27 prescribe psychotropic medication within the scope of the 28 psychologist’s profession, including the ordering and review of 29 laboratory tests in conjunction with the prescription, for the 30 treatment of mental disorders. 31 2. When prescribing psychotropic medication for a 32 patient, the prescribing psychologist or the psychologist 33 with a conditional prescription certificate shall maintain 34 an ongoing collaborative relationship with the licensed 35 -7- SF 2188 (7) 86 rh/nh/jh 7/ 10

S.F. 2188 physician who oversees the patient’s general medical care to 1 ensure that necessary medical examinations are conducted, 2 the psychotropic medication is appropriate for the patient’s 3 medical condition, and significant changes in the patient’s 4 medical or psychological condition are discussed. 5 3. A prescription written by a prescribing psychologist or a 6 psychologist with a conditional prescription certificate shall 7 meet all of the following requirements: 8 a. Comply with applicable state and federal laws. 9 b. Be identified as issued by the psychologist as 10 “psychologist certified to prescribe”. 11 c. Include the psychologist’s board-assigned identification 12 number. 13 4. A prescribing psychologist or a psychologist with 14 a conditional prescription certificate shall not delegate 15 prescriptive authority to any other person. Records of all 16 prescriptions shall be maintained in patient records. 17 5. When authorized to prescribe controlled substances, a 18 prescribing psychologist or a psychologist with a conditional 19 prescription certificate shall file with the board in a 20 timely manner all individual federal drug enforcement agency 21 registration and numbers. The board shall maintain current 22 records on every psychologist, including federal registration 23 and numbers. 24 Sec. 10. NEW SECTION . 154B.13 Board duties regarding 25 prescription certificates and conditional prescription 26 certificates. 27 1. The board shall, in consultation with the board of 28 medicine, adopt rules to carry out the provisions of this 29 chapter relating to prescribing psychologists. The rules shall 30 include but not be limited to all of the following: 31 a. Procedures to obtain a conditional prescription 32 certificate, a prescription certificate, and a renewal of 33 a prescription certificate. The board may set reasonable 34 application and renewal fees. 35 -8- SF 2188 (7) 86 rh/nh/jh 8/ 10

S.F. 2188 b. Grounds for the denial, suspension, or revocation of 1 a conditional prescription certificate and a prescription 2 certificate, including a provision for suspension or revocation 3 of a license to practice psychology upon suspension of a 4 conditional prescription certificate and a prescription 5 certificate. 6 c. The provision of an annual list of psychologists with 7 prescription certificates and psychologists with conditional 8 prescription certificates that contains the information agreed 9 to between the board and the board of medicine. The board 10 shall promptly notify the board of medicine of psychologists 11 who are added to or removed from the list. 12 d. Any other rules necessary for the administration of this 13 chapter. 14 2. The board shall appoint a prescribing psychologist rules 15 subcommittee comprised of a psychologist appointed by the 16 board, a physician appointed by the board of medicine, and a 17 member of the public appointed by the director of public health 18 to develop rules for consideration by the board pursuant to 19 this section. 20 Sec. 11. Section 155A.3, subsection 35, Code 2016, is 21 amended to read as follows: 22 35. “Practitioner” means a physician, dentist, podiatric 23 physician, prescribing psychologist, veterinarian, or other 24 person licensed or registered to distribute or dispense a 25 prescription drug or device in the course of professional 26 practice in this state or a person licensed by another state 27 in a health field in which, under Iowa law, licensees in this 28 state may legally prescribe drugs. 29 Sec. 12. Section 155A.23, subsection 1, paragraph c, Code 30 2016, is amended to read as follows: 31 c. For the purpose of obtaining a prescription drug or 32 device, falsely assuming the title of or claiming to be 33 a manufacturer, wholesaler, pharmacist, pharmacy owner, 34 physician, dentist, podiatric physician, prescribing 35 -9- SF 2188 (7) 86 rh/nh/jh 9/ 10

S.F. 2188 psychologist, veterinarian, or other authorized person. 1 Sec. 13. Section 155A.24, subsection 14, Code 2016, is 2 amended to read as follows: 3 14. This section does not prevent a licensed practitioner of 4 medicine, dentistry, podiatry, nursing, psychology, veterinary 5 medicine, optometry, or pharmacy from acts necessary in the 6 ethical and legal performance of the practitioner’s profession. 7 -10- SF 2188 (7) 86 rh/nh/jh 10/ 10