Florida Senate - 2021                                     SB 160
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00445-21                                            2021160__
    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 develop procedures and adopt rules relating to
    8         prescriptive authority certification; authorizing the
    9         board to require that a prescribing psychologist
   10         correct certain deficiencies under certain
   11         circumstances; specifying application requirements for
   12         certification; requiring the board to adopt a rule
   13         providing for certification renewal; requiring each
   14         applicant for renewal to demonstrate the completion of
   15         specified continuing education; specifying
   16         requirements for the prescribing of drugs and
   17         controlled substances by a prescribing psychologist;
   18         prohibiting specified prescribing actions; requiring a
   19         prescribing psychologist who is authorized to
   20         prescribe controlled substances to file his or her
   21         federal Drug Enforcement Administration registration
   22         number with the board within a certain timeframe;
   23         requiring the board to maintain a record of every
   24         prescribing psychologist authorized to prescribe
   25         controlled substances; requiring the Board of
   26         Psychology to transmit specified information to the
   27         Board of Pharmacy; requiring the Board of Psychology
   28         to establish an interim panel by a specified date;
   29         providing panel membership; requiring the panel to
   30         submit recommendations to the board by a specified
   31         date; providing an effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Section 490.017, Florida Statutes, is created to
   36  read:
   37         490.017 Certification for prescriptive authority.—
   38         (1) DEFINITIONS.—As used in this section, the term:
   39         (a) “Clinical experience” means a period of supervised
   40  training and practice in which an individual learns and conducts
   41  diagnoses and interventions under the supervision of a
   42  psychologist.
   43         (b) “Controlled substance” has the same meaning as in s.
   44  893.02.
   45         (c) “Drug” has the same meaning as in s. 499.003.
   46         (d) “Prescribing psychologist” means a psychologist who has
   47  received from the board a certificate for prescriptive authority
   48  which has not been revoked or suspended.
   49         (e) “Prescription” has the same meaning as in s. 465.003.
   50         (f) “Prescriptive authority” means the authorization to
   51  prescribe, administer, discontinue, or distribute drugs or
   52  controlled substances recognized or customarily used in the
   53  diagnosis, treatment, or management of an individual who has a
   54  psychiatric, mental, cognitive, nervous, emotional,
   55  developmental, or behavioral disorder within the scope of the
   56  practice of psychology.
   57         (2) DUTIES OF THE BOARD.—The board shall:
   58         (a) Certify psychologists who meet the requirements listed
   59  in subsection (3) to exercise prescriptive authority.
   60         (b) Develop and implement procedures to review education
   61  and training requirements for certification.
   62         (c) Adopt rules to deny, modify, suspend, or revoke
   63  prescriptive authority certification. The board may require
   64  remediation by a prescribing psychologist to correct
   65  deficiencies in his or her training or practice upon the board’s
   66  determination that such deficiencies could reasonably be
   67  expected to jeopardize the health, safety, or welfare of the
   68  public.
   69         (3) CERTIFICATION REQUIREMENTS.—
   70         (a) A psychologist who applies for prescriptive authority
   71  certification must demonstrate all of the following by an
   72  official transcript or other official evidence deemed
   73  satisfactory by the board:
   74         1. A current license as a psychologist.
   75         2. Graduation from a doctoral program in psychology.
   76         3. A passing score on an examination developed by a
   77  nationally recognized body, such as the Psychopharmacology
   78  Examination for Psychologists offered by the Association of
   79  State and Provincial Psychology Boards, and approved by the
   80  board to establish competency in prescriptive authority.
   81         4.a. Consistent with the American Psychological
   82  Association’s established policies for education of
   83  psychologists in preparation for prescriptive authority, the
   84  successful completion of an organized sequence of study in a
   85  program offering intensive didactic education which includes
   86  core areas of instruction in basic sciences, neurosciences,
   87  physical examination, interpretation of laboratory tests,
   88  pathological bases of disease, clinical medicine, clinical
   89  neurotherapeutics, systems of care, pharmacology, clinical
   90  pharmacology, psychopharmacology, psychopharmacology research,
   91  and professional, ethical, and legal issues. The program must
   92  consist of an appropriate number of hours of didactic
   93  instruction, as determined by the board, to ensure the applicant
   94  has the knowledge and skills required to prescribe drugs in a
   95  safe and effective manner.
   96         b. Consistent with the American Psychological Association’s
   97  established policies for the training of psychologists in
   98  preparation for prescriptive authority, relevant clinical
   99  experience sufficient for the applicant to attain competency in
  100  the psychopharmacological treatment of a diverse patient
  101  population.
  102         c.The educational and training requirements under this
  103  subparagraph may be met as part of a doctoral program,
  104  postdoctoral training, or a fellowship in psychology.
  105         (b) A psychologist is exempt from the educational
  106  requirements established under paragraph (a) if he or she:
  107         1. Is a physician licensed under chapter 458 or chapter
  108  459, a nurse practitioner licensed under chapter 464, or another
  109  health care practitioner licensed under chapter 458, chapter
  110  459, or chapter 464 who has comparable prescriptive authority.
  111         2. Has completed the United States Department of Defense
  112  Psychopharmacology Demonstration Project.
  113         (4) CERTIFICATION RENEWAL.—
  114         (a) The board shall establish by rule a method for the
  115  renewal of prescriptive authority certification, to occur in
  116  conjunction with licensure renewal pursuant to s. 490.007.
  117         (b) Each applicant for renewal must present satisfactory
  118  evidence to the board demonstrating the completion of 20 hours
  119  of continuing education relevant to prescriptive authority
  120  during the previous 2-year licensure period.
  121         (5) PRESCRIPTION PRACTICES.—
  122         (a) A prescribing psychologist may use his or her
  123  prescriptive authority certification in accordance with rules
  124  adopted by the board.
  125         (b) A prescribing psychologist shall:
  126         1. Maintain a record of all of a patient’s prescriptions.
  127         2. Consult and collaborate with a patient’s primary care
  128  physician and concur with that physician before prescribing a
  129  drug, altering a drug treatment plan, or discontinuing a drug.
  130         (c) A prescribing psychologist may not:
  131         1. Issue a prescription unless the psychologist holds a
  132  valid and current prescriptive authority certification that has
  133  not been revoked or suspended.
  134         2. Delegate the authority to prescribe drugs to another
  135  person.
  136         3. Issue a prescription to a patient who does not have a
  137  primary care physician.
  138         (d) A prescription issued by a prescribing psychologist
  139  must:
  140         1. Be written in a manner as determined by the board.
  141         2. Comply with all applicable state and federal laws.
  142         (6) CONTROLLED SUBSTANCE PRESCRIPTION AUTHORITY.—
  143         (a) Upon being authorized to prescribe controlled
  144  substances, a prescribing psychologist shall file with the
  145  board, within 10 days after the authorization, his or her
  146  federal Drug Enforcement Administration registration number.
  147         (b) The board shall maintain a current record of every
  148  prescribing psychologist authorized to prescribe controlled
  149  substances.
  150         (7) INTERACTION WITH THE BOARD OF PHARMACY.—
  151         (a) The board shall transmit to the Board of Pharmacy an
  152  initial list of prescribing psychologists which contains the
  153  following information:
  154         1. The psychologist’s name.
  155         2. The psychologist’s certification number.
  156         3. The effective date of the psychologist’s prescriptive
  157  authority.
  158         (b) The board shall promptly forward to the Board of
  159  Pharmacy any changes to the list, including changes relating to
  160  certification, revocation, suspension, or reinstatement of a
  161  psychologist’s prescriptive authority.
  162         (8) INTERIM PANEL.—The board shall establish an interim
  163  panel by October 1, 2021, to provide recommendations for
  164  proposed rules governing prescriptive authority for
  165  psychologists. The interim panel shall consist of a psychiatrist
  166  licensed under chapter 458 or chapter 459 and a pediatrician,
  167  both selected by the Board of Medicine; a pharmacist who holds a
  168  doctoral degree, selected by the Board of Pharmacy; and two
  169  psychologists who hold postdoctoral master’s degrees in clinical
  170  psychopharmacology, selected by the Board of Psychology. The
  171  panel shall submit its recommendations for proposed rules to the
  172  board by February 1, 2022.
  173         Section 2. This act shall take effect July 1, 2021.