TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 22 PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES
PART 28 CONDITIONAL
PRESCRIBING OR PRESCRIBING PSYCHOLOGISTS:
COMPLAINT
PROCEDURES
16.22.28.1 ISSUING AGENCY:
Regulation and Licensing Department Board of Psychologist Examiners.
[16.22.28.1 NMAC -
Rp, 16.22.28.1 NMAC, 11/15/06]
16.22.28.2 SCOPE: The
provisions of Part 28 shall apply to all licensees and applicants for
licensure, and the general public.
[16.22.28.2 NMAC -
Rp, 16.22.28.2 NMAC, 11/15/06]
16.22.28.3 STATUTORY
AUTHORITY: This part is adopted
pursuant to the Professional Psychologist Act, NMSA 1978 Section 61-9-17.1
[16.22.28.3 NMAC -
Rp, 16.22.28.3 NMAC, 11/15/06]
16.22.28.4 DURATION:
Permanent.
[16.22.28.4 NMAC -
Rp, 16.22.28.4 NMAC, 11/15/06]
16.22.28.5 EFFECTIVE DATE:
November 15, 2006, unless a later date is cited at the end of the
section.
[16.22.28.5 NMAC -
Rp, 16.22.28.5 NMAC, 11/15/06]
16.22.28.6 OBJECTIVE: The
objective of Part 28 is to set forth the provisions, which apply to all of
Chapter 22, and all persons affected or regulated by Chapter 22 of Title 16.
[16.22.28.6 NMAC -
Rp, 16.22.28.6 NMAC, 11/15/06]
16.22.28.7 DEFINITIONS:
[RESERVED]
[Refer to 16.22.1.7
NMAC]
16.22.28.8 COMPLAINT PROCEDURES:
A. Any complaint against
a conditional prescribing or prescribing psychologist shall be made according
to the complaint procedures described in 16.22.11 NMAC of these board
regulations.
B. The board shall
notify the New Mexico medical board, the board of osteopathic medical
examiners, or the board of nursing in writing upon receipt of any complaint
that implicates the collaborative relationship between a conditional
prescribing or prescribing psychologist and a physician, an osteopathic
physician, a nurse practitioner, or a physician’s assistant respectively.
C. A joint board
complaint committee shall be appointed to evaluate any complaint arising out of
the collaboration between a conditional prescribing or prescribing psychologist
and a health care practitioner. The
committee shall evaluate compliance with provisions of the collaboration
guidelines as set forth in 16.22.20.8 NMAC.
If the committee determines that the complaint does not involve the
collaboration guidelines, the committee shall return the complaint to the board
for appropriate action.
D. A joint board
complaint committee will consist at a minimum of the following members,
appointed as follows:
(1) one person appointed by the board who has
experience in the field of psychopharmacology;
(2) one person appointed by the appropriate
board of the health care practitioner having a collaborative relationship with
the conditional prescribing or prescribing psychologist; and
(3) a public member appointed by the board.
E. Members of a
joint board complaint committee shall not be in a pharmacological training
program or seeking a prescription certificate, shall not be seeking licensure
as a psychologist, physician, or nurse, and shall be a licensee in good
standing in his or her respective profession.
F. Members of a
joint board complaint committee shall not participate in any complaint review
involving the member’s family, household or a conflict of interest as defined
in 16.22.1.7 NMAC, of these regulations.
G. The professional
members of a joint board complaint committee may include:
(1) a psychologist with specialized training
and experience in psychopharmacology;
(2) a licensed physician or osteopathic
physician with clinical experience in mental health or psychopharmacology;
(3) a licensed pharmacist or pharmacist
clinician with specialized training and experience in psychopharmacology;
(4) a licensed psychologist with a
prescription certificate;
(5) a nurse practitioner, or physicians
assistant with specialized training and experience in psychopharmacology; or
(6) a licensed psychologist.
H. Upon receipt and
review of a complaint, a joint board complaint committee shall attempt an
informal resolution of a complaint between a treating health care practitioner
and a conditional prescribing or prescribing psychologist, consistent with the
collaboration guidelines, in order to optimize patient care.
I. If an informal
resolution cannot be achieved, a joint board complaint committee shall report
its findings to the board and to the health care practitioner’s licensing
board. The report shall specify the area
of alleged non-compliance with the collaboration guidelines and shall provide
recommendations to each board for each board’s appropriate action.
[16.22.28.8 NMAC -
Rp, 16.22.28.8 NMAC, 11/15/06]
HISTORY OF
16.22.28 NMAC:
History of Repealed Material:
16.22.28 NMAC,
Prescribing Psychologists: Complaint Procedures - Repealed 11/15/06