Florida 2025 Regular Session

Florida House Bill H0023 Latest Draft

Bill / Introduced Version Filed 12/06/2024

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authority that has not been revoked or suspended. 52 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