Florida Senate - 2025 SB 250
By Senator Simon
3-00482-25 2025250__
1 A bill to be entitled
2 An act relating to prescriptive authority
3 certification for psychologists; creating s. 490.0065,
4 F.S.; defining terms; requiring the Board of
5 Psychology to certify psychologists to exercise
6 prescriptive authority if they meet specified
7 criteria; requiring the board to develop procedures
8 and adopt rules relating to prescriptive authority
9 certification; authorizing the board to require that a
10 prescribing psychologist correct certain deficiencies
11 under certain circumstances; specifying certification
12 application requirements; providing an exemption;
13 requiring the board to adopt rules providing for
14 certification renewal; specifying continuing education
15 requirements for certification renewal; 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 specified timeframe;
23 requiring the board to maintain a current record of
24 every prescribing psychologist authorized to prescribe
25 controlled substances; requiring a prescribing
26 psychologist to maintain professional liability
27 insurance; exempting specified licensees from certain
28 certification requirements; requiring the Board of
29 Psychology to establish an interim panel for a
30 specified purpose by a specified date; providing panel
31 membership; requiring the panel to submit
32 recommendations for rules to the board by a specified
33 date; requiring the panel to develop a formulary for
34 prescribing psychologists; providing requirements for
35 the formulary; providing for the expiration of the
36 panel; providing an effective date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Section 490.0065, Florida Statutes, is created
41 to read:
42 490.0065 Certification for prescriptive authority.—
43 (1) DEFINITIONS.—As used in this section, the term:
44 (a) “Clinical experience” means a period of supervised
45 training and practice during which an individual learns to
46 conduct and actively conducts diagnoses and interventions under
47 the supervision of a psychologist.
48 (b) “Controlled substance” has the same meaning as in s.
49 893.02.
50 (c) “Drug” has the same meaning as in s. 499.003.
51 (d) “Prescribing psychologist” means a psychologist who has
52 received from the board a certificate for prescriptive authority
53 which has not been revoked or suspended.
54 (e) “Prescription” has the same meaning as in s. 465.003.
55 (f) “Prescriptive authority” means having the authorization
56 to prescribe, administer, discontinue, or distribute drugs or
57 controlled substances recognized or customarily used in the
58 diagnosis, treatment, or management of an individual who has a
59 psychiatric, mental, cognitive, nervous, emotional,
60 developmental, or behavioral disorder within the scope of the
61 practice of psychology.
62 (2) DUTIES OF THE BOARD.—The board shall do all of the
63 following:
64 (a) Certify psychologists who meet the requirements listed
65 in subsection (3) to exercise prescriptive authority.
66 (b) Develop and implement procedures to review education
67 and training requirements for certification.
68 (c) Adopt rules to deny, modify, suspend, or revoke a
69 psychologist’s prescriptive authority certification. The board
70 may require remediation by a prescribing psychologist to correct
71 deficiencies in his or her training or practice upon the board’s
72 determination that such deficiencies could reasonably be
73 expected to jeopardize the health, safety, or welfare of the
74 public.
75 (3) CERTIFICATION REQUIREMENTS.—
76 (a) A psychologist who applies for prescriptive authority
77 certification must demonstrate all of the following by an
78 official transcript or other official evidence deemed
79 satisfactory by the board:
80 1. Current licensure as a psychologist.
81 2. Graduation from a doctoral program in psychology.
82 3. A passing score on an examination developed by a
83 nationally recognized body, such as the Psychopharmacology
84 Examination for Psychologists offered by the Association of
85 State and Provincial Psychology Boards, and approved by the
86 board to establish competency in prescriptive authority.
87 4.a. Consistent with the American Psychological
88 Association’s established policies for the education of
89 psychologists in preparation for prescriptive authority,
90 successful completion of an organized sequence of study in a
91 program offering intensive didactic education, which includes
92 core areas of instruction in basic sciences, neurosciences,
93 physical examination, interpretation of laboratory tests,
94 pathological bases of disease, clinical medicine, clinical
95 neurotherapeutics, systems of care, pharmacology, clinical
96 pharmacology, psychopharmacology, psychopharmacology research,
97 and professional, ethical, and legal issues. The program must
98 consist of an appropriate number of hours of didactic
99 instruction, as determined by the board, to ensure that the
100 applicant has the knowledge and skills required to prescribe
101 drugs in a safe and effective manner.
102 b. Consistent with the American Psychological Association’s
103 established policies for the training of psychologists in
104 preparation for prescriptive authority, relevant clinical
105 experience sufficient for the applicant to attain competency in
106 the psychopharmacological treatment of a diverse patient
107 population or at least 2 years practicing under the supervision
108 of a licensed physician whose practice involves the
109 pharmacological treatment of mental, nervous, emotional,
110 behavioral, substance abuse, or cognitive disorders.
111
112 The educational and training requirements under this
113 subparagraph may be met as part of a doctoral program,
114 postdoctoral training, or a fellowship in psychology.
115 (b) A psychologist is exempt from the educational
116 requirements established under paragraph (a) if he or she has
117 completed the United States Department of Defense
118 Psychopharmacology Demonstration Project.
119 (4) CERTIFICATION RENEWAL.—
120 (a) The board shall establish by rule a method for the
121 renewal of prescriptive authority certification, to occur in
122 conjunction with licensure renewal pursuant to s. 490.007.
123 (b) Each applicant for certification renewal must present
124 satisfactory evidence to the board demonstrating completion of
125 20 hours of continuing education relevant to prescriptive
126 authority during the previous 2-year licensure period.
127 (5) PRESCRIPTIVE AUTHORITY PRACTICES.—
128 (a) A prescribing psychologist may use his or her
129 prescriptive authority certification in accordance with rules
130 adopted by the board.
131 (b) A prescribing psychologist shall:
132 1. Maintain a record of all of a patient’s prescriptions.
133 2. Consult and collaborate with a patient’s primary care
134 physician and come to an agreement with that physician before
135 prescribing a drug, altering a drug treatment plan, or
136 discontinuing a drug.
137 (c) A prescribing psychologist may not:
138 1. Issue a prescription unless the psychologist holds a
139 valid and current prescriptive authority certification that has
140 not been revoked or suspended.
141 2. Delegate the authority to prescribe drugs to another
142 person.
143 3. Issue a prescription to a patient who does not have a
144 primary care physician.
145 (d) A prescription issued by a prescribing psychologist
146 must do all of the following:
147 1. Be written in a manner as determined by the board.
148 2. Comply with all applicable state and federal laws.
149 (6) CONTROLLED SUBSTANCE PRESCRIPTIVE AUTHORITY.—
150 (a) Upon being authorized to prescribe controlled
151 substances, a prescribing psychologist must file his or her
152 federal Drug Enforcement Administration registration number with
153 the board within 10 days after receiving the authorization.
154 (b) The board shall maintain a current record of every
155 prescribing psychologist authorized to prescribe controlled
156 substances.
157 (7) FINANCIAL RESPONSIBILITY.—A prescribing psychologist
158 shall maintain at least $250,000 of professional liability
159 insurance coverage.
160 (8) EXEMPTION.—A person holding an active license as a
161 physician or physician assistant under chapter 458 or chapter
162 459 or an advanced practice registered nurse holding an active
163 license under chapter 464 is exempt from the certification
164 requirements of this section.
165 (9) INTERIM PANEL.—By October 1, 2025, the board shall
166 establish an interim panel to provide recommendations for
167 proposed rules governing prescriptive authority for
168 psychologists. The interim panel shall be composed of a
169 psychiatrist licensed under chapter 458 or chapter 459 and a
170 pediatrician, both selected by the Board of Medicine; a
171 pharmacist who holds a doctoral degree, selected by the Board of
172 Pharmacy; and two psychologists who hold postdoctoral master’s
173 degrees in clinical psychopharmacology, selected by the Board of
174 Psychology. The interim panel shall submit its recommendations
175 for proposed rules to the board by February 1, 2026.
176 (a) The interim panel shall establish a formulary that:
177 1. Authorizes the prescribing of drugs recognized and
178 customarily used for the management of mental, nervous,
179 emotional, behavioral, substance abuse, and cognitive disorders.
180 2. Establishes guidelines for the pharmacological treatment
181 of patients younger than 18 years of age.
182 3. Limits the prescribing of Schedule II controlled
183 substances to those drugs recognized and customarily used for
184 the management of mental, nervous, emotional, behavioral,
185 substance abuse, and cognitive disorders.
186 4. Prohibits the prescribing of drugs primarily used to
187 pharmacologically treat patients for other primary conditions,
188 unless specifically defined and authorized in the formulary.
189 (b) This subsection expires May 1, 2026.
190 Section 2. This act shall take effect upon becoming a law.