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means a psychologist who has 45 received from the board a certificate for prescriptive authority 46 which has not been revoked or suspended. 47 (e) “Prescription” has the same meaning as in s. 465.003. 48 (f) “Prescriptive authority” means the authorization to 49 prescribe, administer,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.