Psychologist CANNOT bill E&M and 90791 CANNOT be billed with psychotherapy
Per CPT guidlines "Report psychiatric diagnostic evaluation codes 99791 and 99792 for the initial diagnostic assessment and subsequent reassessments when medically necessary. These codes are reported
only when no psychotherapy services are performed on the same date of services. For ongoing diagnostic assessments performed with psychotherapy services, refer to codes 90832-90938, 90839-90840."
Psychologists are NOT permitted to bill E&M codes. E&M are for medical services and not within their "scope of practice".
19. Which practitioners are allowed to use E/M codes?
Physicians and Non-Physician Practitioners (subject to state scope of practice laws). Nonphysician
practitioners include:
• Nurse practitioners;
• Clinical nurse specialists;
• Certified nurse midwives; and
• Physician assistants
https://www.thenationalcouncil.org/wp-content/uploads/2013/06/NC-CPT-FAQ-for-2013-V3.pdf
Can prescribing psychologists use E/M codes?
No, that is why code 90863 was created.
.....
90863 is only for use by those few psychologists licensed to prescribe... but who, as nonmedical clinicians, are not qualified to bill evaluation and management codes.
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the rationale behind the development of that code was to accommodate those few psychologists who could prescribe, but by law cannot bill an E/M service."
https://www.psychiatry.org/psychiat...-and-reimbursement/frequently-asked-questions