Florida Senate - 2019                                     SB 304
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00270-19                                            2019304__
    1                        A bill to be entitled                      
    2         An act relating to prescriptive authority
    3         certification for psychologists; creating s. 490.017,
    4         F.S.; defining terms; requiring the Board of
    5         Psychology to certify specified psychologists to
    6         exercise prescriptive authority; requiring the board
    7         to adopt rules relating to prescriptive authority
    8         certification; authorizing the board to require that a
    9         prescribing psychologist correct certain deficiencies
   10         under certain circumstances; specifying application
   11         requirements for certification; requiring the board to
   12         adopt a rule providing for certification renewal;
   13         requiring each applicant for renewal to demonstrate
   14         the completion of specified continuing education;
   15         specifying requirements for the prescribing of drugs
   16         and controlled substances by a prescribing
   17         psychologist; prohibiting specified prescribing
   18         actions; requiring a prescribing psychologist who is
   19         authorized to prescribe controlled substances to file
   20         his or her federal Drug Enforcement Administration
   21         registration and number with the board; requiring the
   22         board to maintain a record of every prescribing
   23         psychologist authorized to prescribe controlled
   24         substances; requiring the Board of Psychology to
   25         transmit specified information to the Board of
   26         Pharmacy; requiring the Board of Psychology to
   27         establish an interim panel before a specified date;
   28         providing panel membership; requiring the panel to
   29         submit recommendations to the board by a specified
   30         date; providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Section 490.017, Florida Statutes, is created to
   35  read:
   36         490.017 Certification for prescriptive authority.—
   37         (1) DEFINITIONS.—As used in this section, the term:
   38         (a) “Clinical experience” means a period of supervised
   39  training and practice in which diagnoses and interventions are
   40  learned, conducted, and supervised by a psychologist.
   41         (b) “Controlled substance” has the same meaning as in s.
   42  893.02.
   43         (c) “Drug” has the same meaning as in s. 499.003.
   44         (d) “Prescribing psychologist” means a psychologist who has
   45  received from the board a certificate for prescriptive authority
   46  which has not been revoked or suspended.
   47         (e) “Prescription” has the same meaning as in s. 465.003.
   48         (f) “Prescriptive authority” means the authorization to
   49  prescribe, administer, discontinue, or distribute drugs or
   50  controlled substances recognized or customarily used in the
   51  diagnosis, treatment, or management of an individual who has a
   52  psychiatric, mental, cognitive, nervous, emotional,
   53  developmental, or behavioral disorder within the scope of the
   54  practice of psychology.
   55         (2) DUTIES OF THE BOARD.—The board shall:
   56         (a) Certify psychologists who meet the requirements listed
   57  in subsection (3) to exercise prescriptive authority.
   58         (b) Develop and implement procedures to review education
   59  and training requirements for certification.
   60         (c) Adopt rules to deny, modify, suspend, or revoke
   61  prescriptive authority certification. The board may require
   62  remediation by a prescribing psychologist to correct
   63  deficiencies in his or her training or practice upon the board’s
   64  determination that such deficiencies could reasonably be
   65  expected to jeopardize the health, safety, or welfare of the
   66  public.
   67         (3) CERTIFICATION REQUIREMENTS.—
   68         (a) A psychologist who applies for prescriptive authority
   69  certification shall demonstrate by an official transcript or
   70  other official evidence deemed satisfactory by the board:
   71         1. A current license as a psychologist.
   72         2. Graduation from a doctoral program in psychology.
   73         3. A passing score on an examination developed by a
   74  nationally recognized body, such as the Psychopharmacology
   75  Examination for Psychologists offered by the Association of
   76  State and Provincial Psychology Boards, and approved by the
   77  board to establish competency in prescriptive authority.
   78         4.a. Consistent with the American Psychological
   79  Association’s established policies for education of
   80  psychologists in preparation for prescriptive authority, the
   81  successful completion of an organized sequence of study in a
   82  program offering intensive didactic education which includes
   83  core areas of instruction in basic sciences, neurosciences,
   84  physical examination, interpretation of laboratory tests,
   85  pathological basis of disease, clinical medicine, clinical
   86  neurotherapeutics, systems of care, pharmacology, clinical
   87  pharmacology, psychopharmacology, psychopharmacology research,
   88  and professional, ethical, and legal issues. The program must
   89  consist of an appropriate number of hours of didactic
   90  instruction, as determined by the board, to ensure the applicant
   91  has the knowledge and skills required to prescribe drugs in a
   92  safe and effective manner.
   93         b. Consistent with the American Psychological Association’s
   94  established policies for training of psychologists in
   95  preparation for prescriptive authority, relevant clinical
   96  experience sufficient for the applicant to attain competency in
   97  the psychopharmacological treatment of a diverse patient
   98  population.
   99  
  100  The educational and training requirements under this
  101  subparagraph may be met as part of a doctoral program in
  102  psychology or postdoctoral training or fellowship in psychology.
  103         (b) A psychologist is exempt from the educational
  104  requirements established under paragraph (a) if he or she:
  105         1. Is a physician licensed under chapter 458 or chapter
  106  459, a nurse practitioner licensed under chapter 464, or another
  107  health care practitioner licensed under chapter 458, chapter
  108  459, or chapter 464 who has comparable prescriptive authority.
  109         2. Has completed the United States Department of Defense
  110  Psychopharmacology Demonstration Project.
  111         (4) CERTIFICATION RENEWAL.—
  112         (a) The board shall establish by rule a method for the
  113  renewal of prescriptive authority certification, to occur in
  114  conjunction with licensure renewal pursuant to s. 490.007.
  115         (b) Each applicant for renewal shall present satisfactory
  116  evidence to the board demonstrating the completion of 20 hours
  117  of continuing education relevant to prescriptive authority
  118  during the previous 2-year licensure period.
  119         (5) PRESCRIPTION PRACTICES.—
  120         (a) A prescribing psychologist may use his or her
  121  prescriptive authority certification in accordance with rules
  122  adopted by the board.
  123         (b) A prescribing psychologist shall:
  124         1. Maintain a record of all of a patient’s prescriptions.
  125         2. Consult and collaborate with a patient’s primary care
  126  physician and concur with such physician before prescribing a
  127  drug, altering a drug treatment plan, or discontinuing a drug.
  128         (c) A prescribing psychologist may not:
  129         1. Issue a prescription unless the psychologist holds a
  130  valid and current prescriptive authority certification that has
  131  not been revoked or suspended.
  132         2. Delegate the authority to prescribe drugs to another
  133  person.
  134         3. Issue a prescription to a patient who does not have a
  135  primary care physician.
  136         (d) A prescription issued by a prescribing psychologist
  137  must:
  138         1. Be written in a manner as determined by the board.
  139         2. Comply with all applicable state and federal laws.
  140         (6) CONTROLLED SUBSTANCE PRESCRIPTION AUTHORITY.—
  141         (a) When authorized to prescribe controlled substances, a
  142  prescribing psychologist shall file with the board, within 10
  143  days after such authorization, his or her federal Drug
  144  Enforcement Administration registration number.
  145         (b) The board shall maintain a current record of every
  146  prescribing psychologist authorized to prescribe controlled
  147  substances.
  148         (7) INTERACTION WITH THE BOARD OF PHARMACY.—
  149         (a) The board shall transmit to the Board of Pharmacy an
  150  initial list of prescribing psychologists which contains the
  151  following information:
  152         1. The psychologist’s name.
  153         2. The psychologist’s certification number.
  154         3. The effective date of the psychologist’s prescriptive
  155  authority.
  156         (b) The board shall promptly forward to the Board of
  157  Pharmacy any changes to the list, including changes relating to
  158  certification, revocation, suspension, or reinstatement of a
  159  psychologist’s prescriptive authority.
  160         (8) INTERIM PANEL.—The board shall establish an interim
  161  panel by October 1, 2019, to provide recommendations for
  162  proposed rules governing prescriptive authority for
  163  psychologists. The interim panel shall consist of a psychiatrist
  164  licensed under chapter 458 or chapter 459 and a pediatrician
  165  selected by the Board of Medicine, a pharmacist who holds a
  166  doctoral degree selected by the Board of Pharmacy, and two
  167  psychologists who hold postdoctoral master’s degrees in clinical
  168  psychopharmacology selected by the board. The panel shall submit
  169  its recommendations for proposed rules to the board by February
  170  1, 2020.
  171         Section 2. This act shall take effect July 1, 2019.