HB 23 2025 CODING: Words stricken are deletions; words underlined are additions. hb23-00 Page 1 of 8 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 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 HB 23 2025 CODING: Words stricken are deletions; words underlined are additions. hb23-00 Page 2 of 8 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 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 HB 23 2025 CODING: Words stricken are deletions; words underlined are additions. hb23-00 Page 3 of 8 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 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 HB 23 2025 CODING: Words stricken are deletions; words underlined are additions. hb23-00 Page 4 of 8 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 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 HB 23 2025 CODING: Words stricken are deletions; words underlined are additions. hb23-00 Page 5 of 8 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 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 HB 23 2025 CODING: Words stricken are deletions; words underlined are additions. hb23-00 Page 6 of 8 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 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 HB 23 2025 CODING: Words stricken are deletions; words underlined are additions. hb23-00 Page 7 of 8 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 (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 HB 23 2025 CODING: Words stricken are deletions; words underlined are additions. hb23-00 Page 8 of 8 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 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