N.M. Rules Issued

In 2002, over the strenuous objections of APA, the Psychiatric Medical Association of New Mexico, and other organizations, the New Mexico legislature passed a law granting certain psychologists the authority to prescribe psychotropic medications without graduating from medical school. The New Mexico Board of Psychologist Examiners (BPE) held a public hearing on its draft rules on September 17, 2004. Based on accounts from those attending the hearing, prescribing proponents demanded that the BPE expand the scope of medications covered to include medications beyond those specifically covered by the prescribing statute.

APA was advised that the BPE did in fact approve—but did not release—rules granting psychologist-prescribing authority that went beyond the scope of practice specified in the statute. In November APA sent Gov. Bill Richardson (D) a strong letter decrying the precipitous and dangerous actions of the BPE to move beyond the scope of the law and expand the list of medications that psychologists in New Mexico may prescribe. The governor subsequently directed the BPE to delay release of the rules and cautioned the board not to issue rules that exceed the scope of the statute. (The original bill was signed into law by Richardson's predecessor.)

Final rules were published in the December 30 New Mexico Register and went into effect on January 7. The most notable clarification in the final regulations from the previous version stated that the prescribing psychologist“ shall make no change in medication unless agreed to by the primary treating health care practitioner.”

Psychiatric News will cover details of the final rules in a future issue.