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.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
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.
77 (3) CERTIFICATION REQUIREMENTS.—
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.
113
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.
150 (6) CONTROLLED SUBSTANCE PRESCRIPTION AUTHORITY.—
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.