HB 955 2024 CODING: Words stricken are deletions; words underlined are additions. hb0955-00 Page 1 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to prescriptive authority for 2 psychologists; creating s. 490.0065, F.S.; defining 3 terms; requiring the Board of Psychology to certify 4 psychologists to exercise prescriptive authority if 5 they meet specified criteria; requiring the board to 6 develop procedures and adopt rules relating to 7 prescriptive authority certification; authorizing the 8 board to require that a prescribing psychologist 9 correct certain deficiencies under certain 10 circumstances; specifying certification application 11 requirements; requiring the board to adopt rules 12 providing for certification renewal; specifying 13 continuing education requirements for certificate 14 renewal; specifying requirements for the prescribing 15 of drugs and controlled substances by a prescribing 16 psychologist; prohibiting specified prescribing 17 actions; requiring a prescribing psychologist who is 18 authorized to prescribe controlled substances to file 19 his or her federal Drug Enforcement Administration 20 registration number with the board within a specified 21 timeframe; requiring the board to maintain a current 22 record of every prescribing psychologist authorized to 23 prescribe controlled substances; requiring a 24 prescribing psychologist to maintain professional 25 HB 955 2024 CODING: Words stricken are deletions; words underlined are additions. hb0955-00 Page 2 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S liability insurance; exempting specified licensees 26 from certain certification requirements; requiring the 27 Board of Psychology to establish an interim panel for 28 a specified purpose by a specified date; providing 29 panel membership; requiring the panel to submit 30 recommendations for rules to the board by a specified 31 date; requiring the panel to develop a formulary for 32 prescribing psychologists; providing requirements for 33 the formulary; providing for the dissolution of the 34 panel; amending s. 627.6131, F.S.; revising provisions 35 related to health care insurance claims to provide for 36 prescribing psychologists; providing applicability; 37 providing an effective date. 38 39 Be It Enacted by the Legislature of the State of Florida: 40 41 Section 1. Section 490.0065, Florida Statutes, is created 42 to read: 43 490.0065 Certification for pres criptive authority.— 44 (1) DEFINITIONS.—As used in this section, the term: 45 (a) "Clinical experience" means a period of supervised 46 training and practice during which an individual learns and 47 conducts diagnoses and interventions under the supervision of a 48 physician. 49 (b) "Controlled substance" has the same meaning as in s. 50 HB 955 2024 CODING: Words stricken are deletions; words underlined are additions. hb0955-00 Page 3 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 893.02. 51 (c) "Drug" has the same meaning as in s. 499.003. 52 (d) "Prescribing psychologist" means a psychologist who 53 has received from the board a certificate for prescriptive 54 authority which has not been revoked or suspended. 55 (e) "Prescription" has the same meaning as in s. 465.003. 56 (f) "Prescriptive authority" means having the authority to 57 prescribe, administer, discontinue, or distribute drugs or 58 controlled substances recognized o r customarily used in the 59 diagnosis, treatment, or management of an individual who has a 60 psychiatric, mental, cognitive, nervous, emotional, 61 developmental, or behavioral disorder within the scope of the 62 practice of psychology. 63 (2) DUTIES OF THE BOARD. —The board shall do all of the 64 following: 65 (a) Certify psychologists who meet the requirements listed 66 in subsection (3) to exercise prescriptive authority. 67 (b) Develop and implement procedures to review education 68 and training requirements for certification . 69 (c) Adopt rules to deny, modify, suspend, or revoke a 70 psychologist's prescriptive authority certification. The board 71 may require remediation by a prescribing psychologist to correct 72 deficiencies in his or her training or practice upon the board's 73 determination that such deficiencies could reasonably be 74 expected to jeopardize the health, safety, or welfare of the 75 HB 955 2024 CODING: Words stricken are deletions; words underlined are additions. hb0955-00 Page 4 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S public. 76 (3) CERTIFICATION REQUIREMENTS. — 77 (a) A psychologist who applies for prescriptive authority 78 certification must demonstrate all of the f ollowing by an 79 official transcript or other official evidence deemed 80 satisfactory by the board: 81 1. A current license as a psychologist. 82 2. Graduation from a doctoral program in psychology. 83 3. A passing score on an examination developed by a 84 nationally recognized body, such as the Psychopharmacology 85 Examination for Psychologists offered by the Association of 86 State and Provincial Psychology Boards, and approved by the 87 board to establish competency in prescriptive authority. 88 4.a. Consistent with the Am erican Psychological 89 Association's established policies for education of 90 psychologists in preparation for prescriptive authority, 91 successful completion of an organized sequence of study in a 92 program offering intensive didactic education which includes 93 core areas of instruction in basic sciences, neurosciences, 94 physical examination, interpretation of laboratory tests, 95 pathological bases of disease, clinical medicine, clinical 96 neurotherapeutics, systems of care, pharmacology, clinical 97 pharmacology, psychophar macology, psychopharmacology research, 98 and professional, ethical, and legal issues. The program must 99 consist of an appropriate number of hours of didactic 100 HB 955 2024 CODING: Words stricken are deletions; words underlined are additions. hb0955-00 Page 5 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S instruction, as determined by the board, to ensure that the 101 applicant has the knowledge and skills re quired to prescribe 102 drugs in a safe and effective manner. 103 b. Consistent with the American Psychological 104 Association's established policies for the training of 105 psychologists in preparation for prescriptive authority, 106 relevant clinical experience sufficien t for the applicant to 107 attain competency in the psychopharmacological treatment of a 108 diverse patient population or at least 2 years practicing under 109 the supervision of a licensed physician whose practice involves 110 the pharmacological treatment of mental, ne rvous, emotional, 111 behavioral, substance abuse, or cognitive diseases. 112 113 The educational and training requirements under this 114 subparagraph may be met as part of a doctoral program, 115 postdoctoral training, or a fellowship in psychology. 116 (b) A psychologist is exempt from the educational 117 requirements established under paragraph (a) if he or she has 118 completed the United States Department of Defense 119 Psychopharmacology Demonstration Project. 120 (4) CERTIFICATION RENEWAL. — 121 (a) The board shall establish by rule a m ethod for the 122 renewal of prescriptive authority certification, to occur in 123 conjunction with licensure renewal pursuant to s. 490.007. 124 (b) Each applicant for renewal must present satisfactory 125 HB 955 2024 CODING: Words stricken are deletions; words underlined are additions. hb0955-00 Page 6 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S evidence to the board demonstrating completion of 20 hours of 126 continuing education relevant to prescriptive authority during 127 the previous 2-year licensure period. 128 (5) PRESCRIPTION PRACTICES. — 129 (a) A prescribing psychologist may use his or her 130 prescriptive authority certification in accordance with rules 131 adopted by the board. 132 (b) A prescribing psychologist shall: 133 1. Maintain a record of all of a patient's prescriptions. 134 2. Consult and collaborate with a patient's primary care 135 physician and concur with that physician before prescribing a 136 drug, altering a drug tr eatment plan, or 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 auth ority 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 PRESCRIPTION AUTHORITY. — 150 HB 955 2024 CODING: Words stricken are deletions; words underlined are additions. hb0955-00 Page 7 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (a) Upon the board authorizing a psychologist to prescribe 151 controlled substances, the prescribing psychologist must file 152 with the board, within 10 days after the authorization, his or 153 her federal Drug Enforcement Administration registration number. 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 must 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, 2024, 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 consist of a psychiatrist 169 licensed under chapter 45 8 or chapter 459 and a pediatrician, 170 both selected by the Board of Medicine; a pharmacist who holds a 171 doctoral degree, selected by the Board of Pharmacy; and two 172 psychologists who hold postdoctoral master's degrees in clinical 173 psychopharmacology, selected by the Board of Psychology. The 174 panel shall submit its recommendations for proposed rules to the 175 HB 955 2024 CODING: Words stricken are deletions; words underlined are additions. hb0955-00 Page 8 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S board by February 1, 2025. 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 diseases. 180 2. Establishes guidelines for the pharmacological 181 treatment of patients younger than 18 years of age. 182 3. Limits the prescribing of Schedule II control led 183 substances to those drugs recognized and customarily used for 184 the management of mental, nervous, emotional, behavioral, 185 substance abuse, and cognitive diseases. 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, 2025. 190 Section 2. Subsection (18) of section 627.6131, Florida 191 Statutes, is amended to read: 192 627.6131 Payment of claims. — 193 (18) Notwithstanding the 30 -month period provided in 194 subsection (6), all claims for overpayment submitted to a 195 provider licensed under chapter 458, chapter 459, chapter 460, 196 chapter 461, or chapter 466, or chapter 490 must be submitted to 197 the provider within 12 months after the health insurer's payment 198 of the claim. A claim for overpayment may not be permitted 199 beyond 12 months after the health insurer's payment of a claim, 200 HB 955 2024 CODING: Words stricken are deletions; words underlined are additions. hb0955-00 Page 9 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S except that claims for overpayment may be sought beyond that 201 time from providers con victed of fraud pursuant to s. 817.234. 202 Section 3. The amendments made to s. 627.6131(18), Florida 203 Statutes, by this act apply to claims for services provided on 204 or after October 1, 2024. 205 Section 4. This act shall take effect upon becoming a law. 206