Florida Senate - 2024                                    SB 1282
       By Senator Simon
       3-00528-24                                            20241282__
    1                        A bill to be entitled                      
    2         An act relating to prescriptive authority for
    3         psychologists; creating s. 490.0065, F.S.; defining
    4         terms; requiring the Board of Psychology to certify
    5         psychologists to exercise prescriptive authority if
    6         they meet specified criteria; requiring the board to
    7         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 certification application
   12         requirements; requiring the board to adopt rules
   13         providing for certification renewal; specifying
   14         continuing education requirements for certificate
   15         renewal; specifying requirements for the prescribing
   16         of drugs 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 number with the board within a specified
   22         timeframe; requiring the board to maintain a current
   23         record of every prescribing psychologist authorized to
   24         prescribe controlled substances; requiring a
   25         prescribing psychologist to maintain professional
   26         liability insurance; exempting specified licensees
   27         from certain certification requirements; requiring the
   28         Board of Psychology to establish an interim panel for
   29         a specified purpose by a specified date; providing
   30         panel membership; requiring the panel to submit
   31         recommendations for rules to the board by a specified
   32         date; requiring the panel to develop a formulary for
   33         prescribing psychologists; providing requirements for
   34         the formulary; providing for the dissolution of the
   35         panel; amending s. 627.6131, F.S.; revising provisions
   36         related to health care insurance claims to provide for
   37         prescribing psychologists; providing applicability;
   38         providing an effective date.
   40  Be It Enacted by the Legislature of the State of Florida:
   42         Section 1. Section 490.0065, Florida Statutes, is created
   43  to read:
   44         490.0065 Certification for prescriptive authority.—
   45         (1) DEFINITIONS.—As used in this section, the term:
   46         (a) “Clinical experience” means a period of supervised
   47  training and practice during which an individual learns and
   48  conducts diagnoses and interventions under the supervision of a
   49  psychologist.
   50         (b) “Controlled substance” has the same meaning as in s.
   51  893.02.
   52         (c) “Drug” has the same meaning as in s. 499.003.
   53         (d) “Prescribing psychologist” means a psychologist who has
   54  received from the board a certificate for prescriptive authority
   55  which has not been revoked or suspended.
   56         (e) “Prescription” has the same meaning as in s. 465.003.
   57         (f) “Prescriptive authority” means having the authorization
   58  to prescribe, administer, discontinue, or distribute drugs or
   59  controlled substances recognized or customarily used in the
   60  diagnosis, treatment, or management of an individual who has a
   61  psychiatric, mental, cognitive, nervous, emotional,
   62  developmental, or behavioral disorder within the scope of the
   63  practice of psychology.
   64         (2) DUTIES OF THE BOARD.—The board shall do all of the
   65  following:
   66         (a) Certify psychologists who meet the requirements listed
   67  in subsection (3) to exercise prescriptive authority.
   68         (b) Develop and implement procedures to review education
   69  and training requirements for certification.
   70         (c) Adopt rules to deny, modify, suspend, or revoke a
   71  psychologist’s prescriptive authority certification. The board
   72  may require remediation by a prescribing psychologist to correct
   73  deficiencies in his or her training or practice upon the board’s
   74  determination that such deficiencies could reasonably be
   75  expected to jeopardize the health, safety, or welfare of the
   76  public.
   78         (a) A psychologist who applies for prescriptive authority
   79  certification must demonstrate all of the following by an
   80  official transcript or other official evidence deemed
   81  satisfactory by the board:
   82         1. A current license as a psychologist.
   83         2. Graduation from a doctoral program in psychology.
   84         3. A passing score on an examination developed by a
   85  nationally recognized body, such as the Psychopharmacology
   86  Examination for Psychologists offered by the Association of
   87  State and Provincial Psychology Boards, and approved by the
   88  board to establish competency in prescriptive authority.
   89         4.a. Consistent with the American Psychological
   90  Association’s established policies for education of
   91  psychologists in preparation for prescriptive authority,
   92  successful completion of an organized sequence of study in a
   93  program offering intensive didactic education which includes
   94  core areas of instruction in basic sciences, neurosciences,
   95  physical examination, interpretation of laboratory tests,
   96  pathological bases of disease, clinical medicine, clinical
   97  neurotherapeutics, systems of care, pharmacology, clinical
   98  pharmacology, psychopharmacology, psychopharmacology research,
   99  and professional, ethical, and legal issues. The program must
  100  consist of an appropriate number of hours of didactic
  101  instruction, as determined by the board, to ensure that the
  102  applicant has the knowledge and skills required to prescribe
  103  drugs in a safe and effective manner.
  104         b. Consistent with the American Psychological Association’s
  105  established policies for the training of psychologists in
  106  preparation for prescriptive authority, relevant clinical
  107  experience sufficient for the applicant to attain competency in
  108  the psychopharmacological treatment of a diverse patient
  109  population or at least 2 years practicing under the supervision
  110  of a licensed physician whose practice involves the
  111  pharmacological treatment of mental, nervous, emotional,
  112  behavioral, substance abuse, or cognitive diseases.
  114  The educational and training requirements under this
  115  subparagraph may be met as part of a doctoral program,
  116  postdoctoral training, or a fellowship in psychology.
  117         (b) A psychologist is exempt from the educational
  118  requirements established under paragraph (a) if he or she has
  119  completed the United States Department of Defense
  120  Psychopharmacology Demonstration Project.
  121         (4) CERTIFICATION RENEWAL.—
  122         (a) The board shall establish by rule a method for the
  123  renewal of prescriptive authority certification, to occur in
  124  conjunction with licensure renewal pursuant to s. 490.007.
  125         (b) Each applicant for renewal must present satisfactory
  126  evidence to the board demonstrating completion of 20 hours of
  127  continuing education relevant to prescriptive authority during
  128  the previous 2-year licensure period.
  129         (5) PRESCRIPTION PRACTICES.—
  130         (a) A prescribing psychologist may use his or her
  131  prescriptive authority certification in accordance with rules
  132  adopted by the board.
  133         (b) A prescribing psychologist shall:
  134         1. Maintain a record of all of a patient’s prescriptions.
  135         2. Consult and collaborate with a patient’s primary care
  136  physician and concur with that physician before prescribing a
  137  drug, altering a drug treatment plan, or discontinuing a drug.
  138         (c) A prescribing psychologist may not:
  139         1. Issue a prescription unless the psychologist holds a
  140  valid and current prescriptive authority certification that has
  141  not been revoked or suspended.
  142         2. Delegate the authority to prescribe drugs to another
  143  person.
  144         3. Issue a prescription to a patient who does not have a
  145  primary care physician.
  146         (d) A prescription issued by a prescribing psychologist
  147  must do all of the following:
  148         1. Be written in a manner as determined by the board.
  149         2. Comply with all applicable state and federal laws.
  151         (a) Upon being authorized to prescribe controlled
  152  substances, a prescribing psychologist shall file with the
  153  board, within 10 days after the authorization, his or her
  154  federal Drug Enforcement Administration registration number.
  155         (b) The board shall maintain a current record of every
  156  prescribing psychologist authorized to prescribe controlled
  157  substances.
  158         (7) FINANCIAL RESPONSIBILITY.—A prescribing psychologist
  159  must maintain at least $250,000 of professional liability
  160  insurance coverage.
  161         (8) EXEMPTION.—A person holding an active license as a
  162  physician or physician assistant under chapter 458 or chapter
  163  459 or an advanced practice registered nurse holding an active
  164  license under chapter 464 is exempt from the certification
  165  requirements of this section.
  166         (9) INTERIM PANEL.—By October 1, 2024, the board shall
  167  establish an interim panel to provide recommendations for
  168  proposed rules governing prescriptive authority for
  169  psychologists. The interim panel shall consist of a psychiatrist
  170  licensed under chapter 458 or chapter 459 and a pediatrician,
  171  both selected by the Board of Medicine; a pharmacist who holds a
  172  doctoral degree, selected by the Board of Pharmacy; and two
  173  psychologists who hold postdoctoral master’s degrees in clinical
  174  psychopharmacology, selected by the Board of Psychology. The
  175  panel shall submit its recommendations for proposed rules to the
  176  board by February 1, 2025.
  177         (a) The interim panel shall establish a formulary that:
  178         1. Authorizes the prescribing of drugs recognized and
  179  customarily used for the management of mental, nervous,
  180  emotional, behavioral, substance abuse, and cognitive diseases.
  181         2. Establishes guidelines for the pharmacological treatment
  182  of patients younger than 18 years of age.
  183         3. Limits the prescribing of Schedule II controlled
  184  substances to those drugs recognized and customarily used for
  185  the management of mental, nervous, emotional, behavioral,
  186  substance abuse, and cognitive diseases.
  187         4. Prohibits the prescribing of drugs primarily used to
  188  pharmacologically treat patients for other primary conditions,
  189  unless specifically defined and authorized in the formulary.
  190         (b)This subsection expires May 1, 2025.
  191         Section 2. Subsection (18) of section 627.6131, Florida
  192  Statutes, is amended to read:
  193         627.6131 Payment of claims.—
  194         (18) Notwithstanding the 30-month period provided in
  195  subsection (6), all claims for overpayment submitted to a
  196  provider licensed under chapter 458, chapter 459, chapter 460,
  197  chapter 461, or chapter 466, or chapter 490 must be submitted to
  198  the provider within 12 months after the health insurer’s payment
  199  of the claim. A claim for overpayment may not be permitted
  200  beyond 12 months after the health insurer’s payment of a claim,
  201  except that claims for overpayment may be sought beyond that
  202  time from providers convicted of fraud pursuant to s. 817.234.
  203         Section 3. The amendments made to s. 627.6131(18), Florida
  204  Statutes, by this act apply to claims for services provided on
  205  or after October 1, 2024.
  206         Section 4. This act shall take effect upon becoming a law.